Milam v. Milam

WELLS, Judge.

Defendant assigns error to the trial court’s classification of plaintiffs military pension as separate property based upon its finding that it had not vested as of the date of separation. Marital property includes “all vested pension, retirement, and other deferred compensation rights, including military pensions eligible under the federal Uniformed Services Former Spouses’ Protection Act.” N.C. Gen. Stat. § 50-20(b)(l) (1987). While our equitable distribution statute specifically refers to “vested” pension and retirement rights, the statute does not define the term “vested” and…