Plaatje v. Plaatje

OPINION

RIORDAN, Justice.

Plaintiff, the former wife of the defendant, brought an action to recover a share of the past and future military retirement benefits paid to the defendant. The rights to the benefits had not been determined in the earlier divorce proceeding. After a trial, the district court dismissed the complaint on grounds that the plaintiff was barred from bringing an action by the four year statute of limitations contained in Section 37-1-4, N.M.S.A.1978. Plaintiff appeals.

Plaintiff and defendant were married in New Mexico on February 28, 1965. At the time of their marriage, the…