Mitchim v. Mitchim

ON MOTION FOR REHEARING

The Arizona judgment did not divide the military retirement benefits which appellee accumulated during his years in the Army. Appellee was in the Army twenty-eight and one-half years, of which one and one-half years were served in community property states.

Appellant insists that she is entitled to one-half of the retirement benefits because she and appellee were living as husband and wife in California, a community property state, at the time the retirement program vested. Appellee contends, on the other hand, that only the part of the retirement benefits which accrued…