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IN RE MARRIAGE OF BABUTA

No. G020891.

78 Cal.Rptr.2d 281 (1998)

66 Cal.App.4th 784

In re MARRIAGE OF Bernadette and Evangelis BABAUTA. Bernadette DIAZ, Respondent, v. Evangelis BABAUTA, Appellant.

Court of Appeals of California, Fourth District, Division Three.

September 10, 1998.

Attorney(s) appearing for the Case

Michael J. Naughton, Laguna, for Appellant.

Stuart W. Knight, Tustin, for Respondent.

OPINION

SONENSHINE, Associate Justice.

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.1

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