James Lloyd Curl v. Carol Ann Curl

Plaintiff husband appeals from the district courts order allowing modification of a divorce decree and remanding to the magistrate for further proceedings regarding awarding a portion of husbands military retirement benefits to his former spouse pursuant to the Uniform Services Former Spouses Protection Act (USFSPA). The divorce decree became final post- McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) (ruling military retirement pay was the separate property of the military spouse), but pre-USFSPA, 10 U.S.C.A. 1408 (enacted February 1, 1983, retroactively allowing military retirement pay to be classified in conformance with state law).