Horner v. Horner

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from the judgment of the Superior Court affirming the trial court’s classification of a military separation payment as non-marital property. We granted this appeal to address an issue of first impression. Appellant challenges the trial court’s determination that payment of a lump-sum military separation incentive to her former spouse is not retirement pay, a share of which she would be entitled to receive pursuant to a divorce decree agreed upon by both parties.

In 1988, after approximately twelve years of marriage and the birth of…