In Re Marriage of Smith

This appeal, certified to this court by the Court of Appeals pursuant to RCW 2.06.030(d), involves the proper disposition of a 1980 trial court order modifying a decree of dissolution to divide a military pension which had not been awarded to either spouse in the original decree. In light of the Uniformed Services Former Spouses' Protection Act (Act), 10 U.S.C.A. § 1408 (West Supp. 1983), we affirm the trial court's award of military pension payments.

I

Elmer and Kyoko Smith were married on November 19, 1957 in Tokyo, Japan, where Elmer was stationed in military service. During the two decades…