Marriage of Chapman

Opinion

ROBIE, J.—

The main issue in this case is whether one spouse’s unilateral election (after a marital settlement agreement and judgment of dissolution) to change from one type of military benefit (military retirement that is taxable and community property) to another type of military benefit (combat-related special compensation that is not taxable and separate property) can defeat the community property interest of the other spouse set forth in the marital settlement agreement.

The answer is “no.” “It is a ‘settled principle that one spouse cannot, by invoking a condition wholly within his…