Justia Washington Supreme Court Opinion Summaries

Clifford Porter and Peggy Huckstadt were married from 1977 to 1994, during which Porter served in the military. Upon their divorce, the trial court awarded Huckstadt a fractional share of Porter’s military retirement pay. Porter retired from the military in 2002 and later worked as a surgeon. In 2009, he was involuntarily recalled to active duty, served for three years, and was promoted, which increased his retirement pay. Porter retired again in 2012. In 2022, Porter sought to clarify that Huckstadt’s share should be based on his 2002 retirement rank and salary, not the increased benefits from his 2012 retirement.The trial court disagreed, ruling that the increased benefits from Porter’s recall service were community property subject to division. The Court of Appeals affirmed, reasoning that the salary increases during the recall period were based on 17 years of community efforts during the marriage.The Supreme Court of the State of Washington reviewed the case and held that Porter’s rank and salary at his second retirement could not be used to calculate the community portion of the military pension. The court found that the “community efforts doctrine” did not apply under these specific circumstances, as the increased benefits were not a direct result of community effort and performance. The court also determined that the dissolution decree intended to value Huckstadt’s share based on Porter’s rank and salary at his first retirement in 2002, not his second retirement in 2012. Consequently, the court reversed the Court of Appeals' decision and remanded the case to the trial court for further proceedings. View "In re Marriage of Porter" on Justia Law