Diaz

Evangelis Babauta appeals from a postjudgment order finding his Marine Corps voluntary separation incentive (VSI) pay is the community property of himself and his former wife, Bernadette Babauta (now Bernadette Diaz). In this case of first impression in California, we decide whether the trial court possessed jurisdiction to divide the benefit and, if so, if it is community or separate property.

I

At the time the parties divorced, Evangelis was a captain in the Marine Corps. Their 1991 dissolution judgment reserved the court’s jurisdiction over Evangelis’s military retirement pension.

Evangelis was eligible for retirement in 1995. In 1993, he took advantage of a voluntary separation program implemented pursuant to a Department of Defense (DOD) policy to reduce active duty forces. Two different benefits are provided for in 10 United States Code section 1175 : VSI, consisting of monthly payments; or a lump sum payment—“Special Separation Benefit” (SSB). The DOD brochure explains a member is potentially eligible if, inter alia, he or she has fewer than 20 years of service. It warns, “If you are in a career field, .pay grade, or year group for which your Service has more…