Marriage of Flynn v. Rogers

OPINION

LEVI RAY HAIRE, Judge,

Court of Appeals (Retired).

We granted review of an opinion filed by Division 2 of the court of appeals in order to consider issues surrounding the disposition of military pension proceeds upon the reopening of a dissolution decree that became final in September of 1981.

At the time of the dissolution, the former husband was receiving a military retirement pension. Approximately three months before the dissolution decree was filed, the United States Supreme Court had issued its opinion in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981),…