Ebert v. Ebert

Ethel Ebert appeals from that portion of a marriage dissolution decree entered in Cascade County District Court, affecting the property distribution, child support, and denying her request for moving expenses and attorney fees.

Her primary contention with relation to property distribution is that the trial court erroneously ruled that a military pension is not marital property. After the entry of the trial court order, we held in In re Marriage of Miller (1980), 187 Mont. 286, 609 P.2d 1185, that a military pension is marital property to be considered as part of the marital estate. This…