Mcdonough

In this case, we conclude that former Civil Code section 5124, enacted by our Legislature in order to permit the retroactive application of the Federal Uniformed Services Former Spouses Protection Act (FUSFSPA; 10 U.S.C. § 1408 ), was constitutional.

Dawn McDonough (wife) appeals from a postjudgment order denying her motion to reopen a judgment of dissolution in order to divide the nondisability military retirement benefits accrued by her former husband, James F. McDonough (husband), an officer in the United States Army, during their marriage. We reverse, holding that the trial court had the authority to grant *49 wife’s motion and divide husband’s military retirement benefits as community property.

I. The Historical Background

For a number of years prior to 1981, California courts treated nondisability military retirement benefits as community property based on In re Marriage of Fithian (1974) 10 Cal.3d 592 [ 111 Cal.Rptr. 369 , 517 P.2d 449 ] and In re Marriage of Brown (1976) 15 Cal.3d 838 [ 126 Cal.Rptr. 633 , 544 P.2d 561 , 94 A.L.R.3d 164 ]. On June 26, 1981, the United States Supreme Court declared that rule contrary to federal law and held in McCarty v.…