San Diego Superior Courthouse
North County Division
March 2, 2011
Attorney Krystal Limon successfully argued the division of a military retirement
on March 2, 2011. This matter was held at the San Diego Superior Courthouse,
North County Division. This case involved the division of a military retirement
as well as repayment of arrears from the date of retirement. The parties
were divorced in 1994. In 1997, the parties entered a stipulation regarding
division of assets and debts. As part of this agreement, the Wife’s
interest in the Husband’s military retirement was to be calculated
by Wife’s attorney and submitted to Husband’s attorney who
was to draft the final judgment. Neither party’s attorney followed
through. Husband retired from the military in 2007 and began taking monthly
payments. Wife retained The Edmunds Law Firm in October 2010.
Husband raised the issue of laches. Husband argued that Wife’s unreasonable delay in pursuing the division should prohibit her entitlement to arrearages. Husband claimed that Wife’s attorney should have finalized the division in 1997. He also claimed that Wife took no action between 1997 and 2007 to insure the division. He also claimed that Wife was informed when he retired and again took no action. Husband claimed that Wife’s first request to divide the retirement was in October 2010. Wife claimed that she was not informed until 2009 of Husband’s retirement, and that since that time she attempted on several occasions to discuss the issue with him and he would not agree to the division.
At the evidentiary hearing, live testimony was heard from both parties. The Court denied Husband’s laches defense, and found that Wife was owed arrears from the date of Husband’s retirement to the present for her portion of the retirement. The Court also confirmed Wife’s monthly interest in the retirement going forward. The Court also ordered Husband to contribute $750 to Wife’s attorney’s fees.