In re the Marriage of Brodhead

On May 22, 1975, Kathryn Brodhead filed a petition for dissolution of her marriage to Andrew Brodhead. The decree of dissolution, entered in August of that year, approved a property settlement agreement which, in part, provided that Mrs. Brodhead receive 32.8 percent of Mr. Brodhead's military retired pay. No appeal was taken from that decree.

This appeal by Mrs. Brodhead is from a September 29, 1981, order deleting from the property settlement and the original decree the provision that Mrs. Brodhead receive a percentage of the military benefits. The court struck this provision on the basis…