Nature of the Case
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Facts
H and W were married in 1945. After 25 years, H petitioned for dissolution of their marriage. A final judgment issued on May 19, 1971. The decree incorporated a property settlement which awarded the parties specific items of the marital community as their separate property. The decree also awarded W $500 monthly support payments until the death of either party or her remarriage. Nothing made mention of the fully matured federal military retirement pension that H was receiving at the time of the interlocutory decree. The pension had been partially earned during the marriage, and its existence was known to W at the time of the dissolution proceedings. H concedes that the court made no determination with respect to the pension. On October 17, 1973, W moved for an order to show cause why H's retirement pension should not be divided as community property. H argued that the court lacked jurisdiction to modify the property settlement incorporated in the judgment of dissolution since there was no showing of extrinsic fraud or mistake. W's motion was denied. Two and one-half years later, W filed a complaint to determine the issue. H raised the defense of res judicata based on the original decree of dissolution and the 1974 denial of W's motion. H contends that these proceedings, together with W's recovery in settlement of a malpractice action against her former attorneys, estopped her from maintaining the present action. H got the dismissal, and W appealed.
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