In Re Marriage of Fellers

Opinion

TAMURA, J.

The question presented on this appeal is whether McCarty v. McCarty (1981) 453 U.S. 210 [69 L.Ed.2d 589, 101 S.Ct. 2728] may be applied retroactively to judgments which were final when McCarty was decided. An interlocutory judgment of dissolution was entered in January 1976, awarding wife certain community assets, includ ing 40 percent of husband’s military retirement. Husband was awarded the remainder of his military retirement pay as well as other community property. A final judgment of dissolution incorporating the property disposition set out in the interlocutory judgment…