This section contains the nature of the case and procedural background.

H entered military service in 1957. He married W in 1964. In 1969, Herschel lost a leg in combat in Vietnam and was retired for disability, with monthly disability pay of $379.12. W filed suit for dissolution of the marriage in 1972, she claimed a right to lifetime disability payments as a community asset. The court held that the payments were not a community interest even when they are received after marriage as they are not a form of deferred compensation for past services. W appealed.

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