McHugh v. McHugh

HUNTLEY, Justice.

Berit Elizabet McHugh appeals the trial court’s order refusing to entertain her motion to award her a portion of respondent Richard McHugh’s military retirement pension as community property, pursuant to the Uniformed Services’ Former Spouses’ Protection Act (USFSPA) 10 U.S.C. § 1408.

Berit and Richard McHugh were married in 1972. In 1979, Mrs. McHugh filed for divorce, while both parties were domiciled in Idaho, listing “Navy Retirement” as an asset to be divided which had been acquired during marriage. Richard McHugh filed an Answer and Counterclaim, section V of which…