West v. West

GARRISON, Judge.

Conley West, Jr. (Defendant) appeals from a judgment granting his ex-wife, Jean Marie West (Plaintiff) an interest in his non-disability military pension. The judgment resulted from Plaintiffs suit, filed January 28,1991, in which she sought an equitable division of the pension on the theory that a part of it constituted marital property which was not divided in their dissolution decree. She later amended the petition to allege “accident or mistake” as the reason for the omission.

The December 19, 1970 marriage of the parties was dissolved on September 29, 1986, pursuant to a…