In Re Marriage of Moore

Masako Moore appeals portions of a judgment of dissolution terminating her 17-year marriage to David.

The specific issue we address is whether the court abused its discretion in finding Masako knowingly waived her right to spousal support, to any community interest in David’s vested military retirement benefits, and to receive attorney’s fees in this dissolution. We find a clear abuse of discretion and remand with directions.

Factual Background

While in the military, David married Masako, a Japanese citizen, in Tokyo, Japan, May 9, 1958. Seventeen years, three days later, the parties separated, signing a separation agreement May 29, 1975, at the United States Naval Legal Services offices, Yokosuka, Japan. Neither party was represented by an attorney at that time. Among other matters the agreement purported to divide all property of the marriage, called for payment of spousal support to Masako for two years, her “waiver” of interest in David’s vested military retirement and of any right to recover attorney’s fees in connection with any “divorce, dissolution or separate maintenance.”

In accordance with previously made plans, Masako and the minor child of the parties…