In re Marriage of Burkhart

The circuit court of Lake County entered a judgment dissolving the marriage of petitioner, Linda Burkhart (Linda), and respondent, Tony L. Burkhart (Tony), on April 16, 1990. The judgment incorporated, in part, the parties’ oral property settlement agreement. During the prove up, Linda testified to the oral property settlement agreement which provided that Tony’s entire military pension would be his property. Tony was not present. The court did not approve the distribution of Tony’s military retirement pay and attempted to reserve the issue. Three years later, on November 12, 1993, upon…