In Re Marriage of Emmett

Appellant appeals from an interlocutory judgment of dissolution of marriage entered on May 4, 1979, which established among other things the community property rights of appellant husband and respondent wife.

Factual Background

Appellant and respondent were married on March 23, 1951. Appellant had entered active duty in the United States Navy on September 5, 1947, and retired on February 28, 1967. His months of active service before marriage were 42.5 months, and his months of active service after marriage were 191 months. The parties separated on May 22, 1978.

In its judgment, the trial court ruled that appellant’s military retirement pay was subject to a community property interest and valued the community interest therein at $125,829, which was 80.8 percent of the total value of $153,820. There is no dispute among the parties as to these valuations or computations.

The interlocutory judgment awarded to appellant the entire community property interest in the retirement pension in the value of $125,829, as well as other items of community property, the total of all community property assets awarded to appellant being in the sum of $153,030. Respondent was awarded the…