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IN RE MARRIAGE OF JONES

Docket No. S.F. 23161.

13 Cal.3d 457 (1975)

531 P.2d 420

119 Cal. Rptr. 108

In re the Marriage of SUMIKO and HERSCHEL RALPH JONES. SUMIKO JONES, Appellant, v. HERSCHEL RALPH JONES, Respondent.

Supreme Court of California. In Bank.

February 7, 1975.

Attorney(s) appearing for the Case

COUNSEL

Dewar, Romig & Anton and Roderick L. Dewar for Appellant.

Meheen & Poyner, M. Michael Meheen and John F. Menken for Respondent.

OPINION

TOBRINER, J.

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...

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