Jane
Jane v. Jacobson
Opinion
Lead Opinion
Stone, J.
—Herbert Adolph Jacobson (husband) appeals from a judgment on two issues bifurcated from the dissolution of marriage trial—his military retirement benefits and Marilyn Jane Jacobson’s (wife) personal injury award. The judgment awarded wife $602.71 per month from January 27, 1983, as her interest in husband’s Navy retirement benefits and further awarded her the major portion of proceeds from a medical malpractice judgment.
Husband contends that: (1) the trial court did not have jurisdiction to apply California law to military retirement benefits; (2) the military retirement plan should retain its character as separate property under Iowa state law; (3) the federal Uniformed Services Former Spouses’ Protection Act (FUSFSPA) specifically prohibits application of principles enunciated in In re Marriage of Gillmore (1981) 29 Cal.3d 418 [ 174 Cal.Rptr. 493 , 629 P.2d 1 ] to a service member eligible to retire but still on active duty; (4) California law mandates distribution of the military retirement benefits to husband to equalize distribution of personal injury award to wife; and (5) the trial court’s calculation of wife’s community interest in husband’s pension was…