Russell v. Russell

HOWERTON, Judge.

Roberta Russell appeals from a judgment of the Christian Circuit Court determining that William Russell’s military retirement pay was not marital property subject to division. She argues in the alternative that if it is determined that his pension is not a divisible marital asset, she is entitled to maintenance based on his ability to pay. She also contends that the trial court erred by failing to award her a fee for her attorney.

The Russells were married for more than 24 years. William is now retired from the United States Army. He receives a monthly retirement pension in the…