Days v. Days

The wife in a 27-year marriage appeals the final judgment of dissolution awarding her approximately 13 percent of the husband’s military retirement pension, which is the parties only marital asset. We reverse. The trial court based its computation upon the erroneous belief that the parties did not enjoy a valid marriage after 1970, when they began living separately. *418Though the parties perhaps did not enjoy a model marriage, there is neither legal nor evidentiary support for the notion that the marriage was invalid after 1970. Moreover, in fashioning this division, the trial court erroneously…