Mooney v. Glasspool

KEITH, Justice.

This is an appeal from a judgment which denied to the wife her share of army retirement benefits which had not been included in an earlier divorce decree. We reverse for the reasons now to be stated.

The parties were married in 1949 at a time when the husband had been in the Army for four years. He retired in 1965 and began drawing his retirement benefits. The parties were divorced in 1971, and it is undisputed that they divided all of the community property amicably but no mention was made of the retirement pay then being received by the husband. 1 Upon cross-examination, any…