Melissa Ann (Letner) Grayson v. Elmer Wayne Grayson

Syllabus

This appeal arose from a 2011 divorce decree awarding to the wife one-half of the husband's military retirement pay that had accumulated during the term of the marriage. At the time of the husband's retirement in 2018, the United States Defense Finance and Accounting Service would not disburse retirement funds to the wife due to deficient award language contained in the 2011 order. The Defense Finance and Accounting Service explained in a letter addressed to the wife that the 2011 order had failed to provide a method to calculate the marital portion of the husband's retirement pay and that it had no way to calculate retirement pay that had \accumulated during the term of the marriage.\ In order to effectuate the enforcement of its intended division of the husband's military retirement pay, the trial court attempted to correct its order by replacing \accumulated during the term of the marriage\ with language compliant with the United States Department of Defense Financial Management Regulations (\DoD Regulations\) and specifying that the wife should be awarded fifty percent of the husband's disposable military retired pay based upon his military pay grade rank and his creditable service years as of the date of the divorce.