Mueller

Eiko Mueller appeals a judgment of dismissal following an order sustaining, without leave to amend, a demurrer to a complaint for partition and declaratory relief. By the complaint, Eiko Mueller sought her community property interest in her former husband’s (Donald Leroy Walker) military pension benefits. The military pension was previously awarded to Walker as his separate property in a divorce decree which became final in October 1982. The trial court held the prior decision to be res judicata, barring relitigation of the military pension issue.

Discussion

I

The 16V£-year marriage of Eiko Mueller (wife) and Donald Leroy Walker (husband) was dissolved by a final judgment on August 23, 1982, incorporating the provisions of an interlocutory judgment entered July 15, 1982. The parties were married in 1964. Husband was in the United States Marine Corps during the marriage. In the judgment of dissolution, husband was awarded, inter alia, the retirement benefits from his military pension as his “sole and separate property.” The judgment also contained an “after-discovered property” provision which states:

When the judgment of dissolution of marriage became final, the…