In Re Marriage of Potter
Opinion
Opinion
Respondent (husband) commenced service with the United States Navy in July 1953 and married appellant (wife) on April 7, 1961. Husband retired on February 1, 1978, with 25 years total military service, 17 years of which were completed while the parties were married. The parties separated on April 28, 1981, and wife filed a petition for dissolution of the marriage on April 29, 1981.
The United States Supreme Court decision in McCarty v. McCarty (1981) 453 U.S. 210 [ 69 L.Ed.2d 589 , 101 S.Ct. 2728 ] was filed on June 26, 1981.
A stipulated interlocutory judgment was entered on November 16, 1981, providing, among other things: "The U.S. Navy Retirement benefits presently received by [husband] is confirmed to him as his separate property." Also contained in the interlocutory judgment was a waiver by each party of his and her rights to appeal or to ask for a new trial in the matter. A final judgment of dissolution of the marriage was entered on November 24, 1981.
Congress enacted the Uniform Services Former Spouses' Protection Act on September 8, 1982, to take effect on February 1, 1983. ( Pub.L. No. 97-252, tit. X.)