In Re Marriage of Wicks

Although wife noticed her appeal from the interlocutory judgment of dissolution of marriage, only the portion thereof which awards to husband as his separate property his variable incentive pay is argued on appeal.

Appellant wife and respondent husband were married August 28, 1971, and separated either March 31 or April 30, 1976. Husband commenced active duty as a physician, United States Army Medical Corps in August 1974 under orders which obligated him for two years active duty. His assignment to San Francisco, however, was contingent upon his “staying or reenlisting for a third year.”

At the time husband entered into a verbal agreement with regard to the assignment to San Francisco, husband did not know whether he would be eligible for the variable incentive pay which is at issue here. By letter dated January 15, 1976, husband was informed by the Surgeon General, Department of the Army, that he had been designated as a critical specialist under the provisions of DOD directive 1340.11. This “designation and selection as a Critical Specialist entitles you to participate in the Variable Incentive Pay Program on 6 August 1976 or upon acceptance of your agreement by your…