Budreau v. Budreau

OPINION

HATHAWAY, Judge.

This appeal presents another aspect of the effect of McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), on a decree entered before McCarty.

An amended decree of dissolution was entered on June 1, 1981. It provided, inter alia, for an award to appellant of 36.5% of appellee’s gross military retirement benefits. Appellee filed a notice of appeal from the dissolution decree on June 22, 1981. The record on appeal was forwarded to this court on August 3.

On August 6, appellee filed in the trial court a motion for relief from the judgment, pursuant to…