Hart v. Hart

KAUGER, Justice.

The single dispositive issue is whether the divorce decree may be modified to divide military retirement benefits as marital property.1 We find that this cause is governed by our holding in Clifton v. Clifton, 801 P.2d 693, 698 (Okla.1990) that 12 O.S.Supp.1987 § 1289(F)2 may not serve as a vehicle for modifying a divorce decree to divide military retirement benefits as spousal property if the benefits were not legally divisible at the time of divorce. Because the military retirement benefits were not divisible when the decree was entered, the husband’s failure to disclose the…