Barnes

This case involves Civil Code section 5124, which authorised courts to reopen marital dissolution judgments entered between June 26, 1981, and January 31, 1983, to divide military retirement benefits *1374 pursuant to community property laws. 1 In the present case, the Court of Appeal affirmed the trial court’s ruling that section 5124 was unconstitutional. Its holding conflicts with a number of Court of Appeal decisions that have upheld the constitutionality of section 5124. 2 (See, e.g., In re Marriage of Carpenter (1986) 188 Cal.App.3d 604 [ 231 Cal.Rptr. 783 ]; In re Marriage of McDonough (1986) 183 Cal.App.3d 45 [ 227 Cal.Rptr. 872 ]; In re Marriage of Doud (1986) 181 Cal.App.3d 510 [ 226 Cal.Rptr. 423 ]; In re Marriage of Castle (1986) 180 Cal.App.3d 206 [ 225 Cal.Rptr. 382 ]; In re Marriage of Potter (1986) 179 Cal.App.3d 73 [ 224 Cal.Rptr. 312 ]; Mueller v. Walker (1985) 167 Cal.App.3d 600 [ 213 Cal.Rptr. 442 ].) We reverse.

I. Facts

Husband and wife separated in April 1981 after husband had already retired from the military and was receiving military retirement pay. At the time of separation it appeared settled that military retirement benefits were community…