[Download] "In Re Marriage Of Jones" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage Of Jones
- Author : Supreme Court Of California
- Release Date : January 07, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On this appeal, we hold that a married serviceman's right to disability pay, unlike a vested right to retirement pay, does not comprise a community asset and thus does not become subject to division upon dissolution of the marriage. Such disability pay is not a form of deferred compensation for past services. Rather, it serves to compensate the veteran for the personal anguish caused by the permanent disability as well as for the loss of earnings resulting from his compelled premature military retirement and from diminished ability to compete in the civilian job market. These losses and disabilities fall upon the disabled spouse, not on the uninjured and healthy one; hence, upon dissolution of marriage, the right of the disabled spouse to future disability payment should be his separate property.