Tomlinson v. Tomlinson

OPINION

By the Court,

Young, J.:

Robert Tomlinson entered the military in 1941 and married Rosemary December 30, 1946. Rosemary was granted a divorce from Robert by a Michigan court on December 22, 1971. The judgment of divorce made an award for alimony and child sup port, and provided for a distribution of property. However, the decree did not mention Robert’s military pension.

In October 1985, Rosemary filed a complaint seeking 41 percent of Robert’s gross military retirement. The district court dismissed Rosemary’s complaint pursuant to Robert’s motion to dismiss. The court held that if…