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Frost v. Frost

The trial court erred in awarding a portion of husband's military retirement pay as alimony, subject to termination upon wife's death or remarriage, as opposed to treating it as a marital asset subject to equitable division.

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Husband Timothy L. Frost and Wife Hwa Frost were married in 1980 when Husband was in the U.S. Army and stationed in Korea, Wife’s native country. The couple relocated to Georgia upon Husband’s retirement from the military after seventeen years of service. Husband is currently employed, and Wife is not employed, claiming to be disabled. Husband filed a complaint for divorce in 2013. After a bench trial, the court entered an order granting the divorce, declaring a division of marital property, awarding alimony to Wife, and denying Wife’s request for an award of attorney fees. As part of the alimony award, the trial court granted Wife one-half of Husband’s military retirement pay until Wife dies or remarries. This Court granted Wife’s application for discretionary appeal in order to examine whether the trial court erred in awarding a portion of Husband’s military retirement pay as alimony, subject to termination upon Wife’s death or remarriage, as opposed to treating it as a marital asset subject to equitable division. Wife raises this, along with other issues, in her appeal.

1. The evidence shows Husband’s military retirement benefits were acquired during the marriage. Accordingly, Husband agrees that the trial court erred by characterizing Wife’s award of a portion of those benefits as alimony. As this Court has stated:

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