Schappell v. Schappell

OPINION

OSBORN, Justice.

This appeal in a divorce case involves only the issue of the right of the trial Court to divide the Appellee’s military retirement benefits where there was less than twenty years’ service at the time of the divorce. Having concluded that the trial Court should have considered and divided such benefits, we reverse and remand the case for disposition of this one issue.

The parties were married in December, 1951, and divorced in January, 1976. They have three children, one who is still a minor. The Appellee is a Chaplain in the Army with a rank of Lieutenant Colonel, and he…