Joanna Marie Vlach v. Gregory Alan Vlach

The primary issue in this appeal is whether the former spouse of a military retiree is entitled to a share of his military retirement.  The military retiree submits that, because of his service-connected disability rating of 100%, his former spouse is not entitled to a share of his military retirement.  Based on its interpretation of the parties’ marital dissolution agreement, the trial court ruled in favor of the former spouse and awarded her a percentage of the retiree’s “total military retired pay,” including disability benefits.  Upon our de novo review, we conclude that the trial court erred in awarding the former spouse a percentage of the retiree’s disability benefits.  But the trial court correctly determined that the military retiree’s disability rating did not deprive his former spouse of an interest in his military retirement.