In Re Marriage of Cullen

Husband George Thomas Cullen appeals a judgment awarding wife Hortense Marie Cullen a 1/2 interest in 13/20ths of what he would have received for longevity retirement as a member of the United States Army if he had served 20 years active service. The husband, in fact, retired after active service of 19 years, 8 months and 27 days; 3 months and 3 days short of 20 years.

Facts

George Thomas Cullen and Hortense Marie Cullen were married on April 24, 1948, and separated after 29 years of marriage. When the marriage occurred, the husband had served 6 years 10 months and 23 days in the Army. He continued his Army service until he retired with a 100 percent disability on August 8, 1961. The compensation he received for his disability was classified as a Veterans’ Administration disability compensation.

Discussion

I

The husband contends this case is controlled by In re Marriage of Jones (1975) 13 Cal.3d 457 [ 119 Cal.Rptr. 108 , 531 P.2d 420 ], and not by the rule of In re Marriage of Stenquist (1978) 21 Cal.3d 779 [ 148 Cal.Rptr. 9 , 582 P.2d 96 ] (Stenquist I). “[A] married serviceman’s right to disability pay, unlike a vested right to retirement pay, does not comprise a…