Cruse v. Cruse

J. CURTISS BROWN, Chief Justice.

This is an appeal from a judgment partitioning military retirement benefits that had not been divided during the parties’ prior divorce proceedings.

Sam Cruse (appellant) and Ruth Cruse (appellee) were divorced on February 8, 1971, after nearly twenty-five years of marriage. The division of property provision of the divorce judgment granted appellee 37½% of appellant’s military retirement income which had “vested and accrued”, 1 if any, at the time of the divorce. The remaining 62½% of the military retirement income so “vested and accrued,” if any, at the time…