Matter of Marriage of Menard

Husband appeals from a trial court judgment that awarded wife a share of his “voluntary separation incentive” (VSI) benefits from the military. The court found that VSI payments were the “functional equivalent” of retirement benefits and therefore marital property under the terms of the dissolution judgment. Husband argues that wife’s claim is barred by laches and equitable estoppel and, if not, then it fails on the merits because VSI benefits are not retirement benefits. Those arguments did not persuade the trial court, and they do not persuade us either. We therefore affirm.

The parties’…