Thorne

Steven C. Thorne and Laura L. Raccina entered into a stipulated marital dissolution judgment in 1999 under which Laura 1 agreed to accept 16 percent of Steven’s military retired pay starting in 2008 based on his rank and pay level at the time of the judgment. In 2010, Laura sought to set aside the judgment because she learned that courts apply the “time rule” 2 for apportioning a pension’s community and separate property interests. The trial court found that the parties’ contractual intention was to enter into an *496 agreement that complied with California law and held that the division of the pension was contrary to law. It therefore modified the judgment to divide Steven’s pension according to the “time rule.” On Steven’s appeal, we conclude that the trial court erred and reject Laura’s alternative arguments to uphold the modification, which urge that the pension is a partially omitted asset and extrinsic mistake justifies the modification. We therefore reverse the order granting Laura’s set-aside motion and direct the trial court to deny the motion.

BACKGROUND

The parties married in 1993 and separated in 1999. They sought the assistance of the judge advocate general…