In Re Marriage of Smith

In this family law matter Keith A. Smith (Keith) appeals from a postjudgment order dividing his military retirement benefits. He argues that the trial court erred by requiring him to pay his former wife Kum C. Smith (K.C.) a percentage of any veterans’ disability payments he may receive during his retirement and by requiring that he participate in the military’s Survivor Benefit Plan ( 10 U.S.C. §§ 1447-1455 ) (SBP) and name K.C. as his sole beneficiary. Finding no error, we shall affirm.

I. Facts

Keith and K.C. were married in 1987. The marital status was dissolved on June 23, 2004. Marital property was divided by agreement contained in a judgment filed October 8, 2004. At the time, Keith was a colonel in the United States Army. His service in the Army had begun eight years prior to his marriage to K.C. and he was still on active duty when he and K.C. separated. Keith expected to retire around September 2005. If Keith retired as planned, roughly 60 percent of the military retirement would have been community property, giving K.C. about a 30 percent interest in the retirement asset. The precise percentage would depend upon the date Keith actually retired and his rank at…