LeClert v. LeClert

OPINION

NOBLE, Chief Justice.

This appeal requires our determination as to whether the “retainer pay” to which plaintiff Arthur Charles LeClert, a Naval officer, will become entitled upon his retirement from the Armed Forces after his divorce is community property subject to division in a divorce proceeding.

Plaintiff served as an officer in the United States Navy since 1943, and pursuant to 10 U.S.C.A. § 6323(e) was ordered to be retired on July 1, 1968. He and the defendant Alice Lindhorst LeClert were married in 1949 and were divorced March 12, 1968. The decree awarded the defendant alimony…