Herring v. Herring

JOANOS, Judge.

Appellant, Summer L. Hemng, Jr., appeals the final judgment of dissolution of the parties’ marriage. The issue is whether military retirement earned and vested during the parties’ first marriage is a marital asset subject to equitable distribution after the parties’ subsequent remarriage to each other is dissolved. We reverse.

The parties were married on April 16, 1960. At that time, appellant was on active duty in the United States Army. On July 29, 1974, the parties separated. On October 31, 1974, they entered into a separation agreement which provided that both parties waived…