Taylor v. Taylor

OPINION

In 1987, the legislature passed NRS 125.161 which gave ex-spouses of military retirement benefit recipients the right to partition the retirement benefits according to the time spent in military service during the marriage if the retirement proceeds had not been divided in the property agreement accompanying the divorce. This statute in effect reversed our decision in Tomlinson v. Tomlinson, 102 Nev. 652, 729 P.2d 1363 (1986), that post-divorce partition of military retirements benefits is barred by res judicata.

The wives in these cases (respondents) each brought an action based on NRS…