Grier v. Grier

ON MOTION FOR REHEARING

WALLACE, Justice.

We grant the Motion for Rehearing, withdraw the judgment and opinion of April 15, 1987 and substitute this opinion.

This post-divorce declaratory judgment action presents a question as to the proper characterization and division of military retirement benefits. The Griers were divorced in 1975. At the time of the divorce Edward was a major in the United States Army. The divorce decree did not dispose of Edward’s military retirement benefits, as these benefits were not divisible community property at the time of the decree. Eight months after the divorce,…