Deryck

*295 Opinion

Wayne D. Deryck, pro se, appeals from that portion of the order granting Carolyn S. Deryck’s motion pursuant to former Civil Code section 5124 modifying their 1981 property settlement by awarding her a community interest in Wayne’s military pension.

We reverse and remand for further proceedings.

On July 9, 1980, Carolyn filed a petition for dissolution of marriage. The parties had been married since 1963, during which time Wayne served in the Navy. On May 7,1981, the parties filed a stipulated marriage settlement agreement. Although at that time a spouse’s military pension was considered to be community property in California (In re Marriage of Brown (1976) 15 Cal.3d 838 [ 126 Cal.Rptr. 633 , 544 P.2d 561 , 94 A.L.R.3d 164 ]; In re Marriage of Fithian (1974) 10 Cal.3d 592 [ 111 Cal.Rptr. 369 , 517 P.2d 449 ], disapproved on other grounds in In re Marriage of Brown, supra, 15 Cal.3d at p. 851), the marriage settlement agreement anticipated a determination of the characterization of military pensions by the United States Supreme Court.

The marriage settlement agreement, in part, provided:

An interlocutory judgment of dissolution incorporating the settlement…