McElroy v. McElroy

PARRISH, Judge.

Christa A. McElroy (plaintiff) brought an action in equity seeking an interest in the military pension benefits to which Donald M. McElroy (defendant), plaintiff’s former husband, is entitled. The trial court determined that 90% of the military pension was marital property and awarded plaintiff “thirty-six (36%) of Defendant’s disposable military retired pay” from and after May 1, 1991. Defendant appeals. This court reverses.

Plaintiff and defendant were married July 24, 1954. Their marriage was dissolved in the Circuit Court of Pulaski County August 23, 1976. The decree divided…