In Re Marriage of Foster

Opinion

KREMER, P. J.

When Johnnie and Betty Foster’s marriage was dissolved in 1978, the trial court awarded Betty a 43 percent community interest in Johnnie’s military retirement benefits. Johnnie refused to pay Betty from his retainer pay and eventually voluntarily resigned from the Navy, thereby forfeiting his retirement benefits. In a later action challenging the original judgment’s enforcement, the trial court awarded Betty arrears and made Johnnie a constructive trustee for the amount Betty would have monthly received from the pension had Johnnie not resigned. We find the award of…