Ross v. Ross

JOHNSON, Justice.

In this case a divorced woman seeks to modify the judgment entered in her divorce case in order to obtain an interest in her former husband’s military retirement benefits. A preliminary issue presented is whether the legislature had authority to authorize the modification of divorce judgments in order to provide relief for those women affected by the decision of the United States Supreme Court in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981). We conclude that the legislature did have the authority to do so. However, we hold that under the…