Jane

Jane v. Jacobson

Good Law
161 Cal. App. 3d 465·1984 Cal. App. LEXIS 2674·207 Cal. Rptr. 512
Court of Appeal of CaliforniaOctober 31, 1984No. B004200California3,275 words

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…

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