In Re Marriage of Kosko

The main issue in this appeal is whether, upon dissolution of marriage, United States Civil Service (Civil Service) and Veterans Administration (V.A.) disability benefits shall be treated as community property or separate property. Appellant John J. Kosko (husband) and appellee Barbara Kosko (wife) were married on February 6, 1954. On November 3, 1977, a judgment and decree of dissolution of their marriage was entered. Husband served in the United States Air Force from January of 1943 until April of 1965. He was discharged at that time due to a heart condition. For six years thereafter he was employed with the Civil Service but was retired from this employment due to his heart condition. Upon retirement he was given the option of waiving his military retirement benefits for a greater civil service disability benefit. Having exercised the option, husband has been receiving monthly disability income from Civil Service in addition to disability income from the Veterans Administration.