In 2022, a former husband of a marriage dissolved in 1994, who was recalled from military retirement to active service and given a promotion and salary increase from 2009-2012, moved to clarify the dissolution decree and Military Qualifying Court Order (MQCO), arguing that his former wife’s portion of the pension should not include the salary increases resulting from the husband’s involuntary recall to active duty service.
Superior Court: The Superior Court for Pierce County entered an order clarifying the decree by ruling that the increases in the husband’s military pension earned due to his involuntary recall service counted as community property subject to division with the wife.
Court of Appeals: The Court of Appeals affirmed the trial court’s order, holding that the husband’s rank and salary increases during the recall period were based on 17 years of “community efforts.
Supreme Court: Holding that the husband’s military rank and salary increase earned during his involuntary recall before his second retirement from the military could not be used to calculate the community portion of his military pension, the court reverses the decision of the Court of Appeals and remands the case to the trial court for further proceedings.