Van Loan v. Van Loan

HAYS, Justice.

The primary question we are asked to decide in this case is whether the community of Jack and Verna Van Loan had a “property” right or interest, subject to division upon divorce, in military retirement benefits, prior to the time the right to payment under the pension became certain.

Jack and Verna Van Loan were married in March of 1957. At that time Jack was a member of the United States Air Force, having joined the Force in September of 1954.

In February of 1974 a petition for dissolution of the marriage was filed, and on February 27 of that year the marriage was dissolved by a…