Chase v. Chase

OPINION

BURKE, Chief Justice.

The issue presented on appeal is whether military retirement benefits are divisible marital property upon dissolution of marriage.

James Henry and Marlene Greer Chase were married on August 13, 1955. One year prior to the marriage, James had entered the United States Air Force. He retired in 1974 and began to collect his military retirement pay.

Divorce proceedings were initiated in January 1980. A property settlement agreement was filed with the trial court and resolved all aspects of the Chases’ property, with the exception of James’s retirement pay. A subsequent…