Hill

Defendant Donald Hattrem appeals from the final judgment entered in April 1979 which awarded plaintiff Ann Hill (formerly Ann Hattrem) a 32.92 percent interest in his military pension. The trial court properly found that the pension, which was not adjudicated in the original divorce proceeding in 1964, is community property subject to division by the court. Since the pension is community property we hold that the wife may recover, as a matter of law, that portion payable after her husband received notice of her claim; as to the portion paid after the divorce decree but before notice, we hold that equitable defenses may be considered by the trial court in determining the recovery. We reverse and remand.

I

There is no substantial disagreement on the facts. Donald Hattrem entered the Oregon National Guard in 1939; the guard was federalized in 1940. He then enlisted in the United States Armed Services, and was stationed in Reno, Nevada for five years, during which time he married Ann. Thereafter, over the next twenty years of service he was stationed in six different states, including two separate tours in California, until 1960 when he retired as a major from the Air Force…