In Re the Marriage of Battles

GARRARD, Judge.

The marriage of James and Judith Bat tles was dissolved on February 10, 1989. The wife appeals challenging the division of property, the failure to award her maintenance and the provisions for support of the two children of the parties. 1

The wife first argues that the court erred in failing to award her a portion of the husband's military pension. The court determined that at the time of the hearing the husband was not yet eligible to retire and that he had no vested interest in his military pension. Thus, the court determined the pension was not a marital asset, but could be…