In Re the Marriage of Diane Merrill, Petitioner/appellee v. Robert Kenneth Merrill, Respondent/appellant

Summary

The court held that the statute prohibiting compensation for reductions in military retired pay caused by receipt of combat-related special compensation could not be applied to prevent indemnification when the former spouse's property interest vested before the statute's effective date. It also held that the statutory notice requirement for constitutional challenges applies only to facial challenges, not to an as-applied challenge. The court vacated the court of appeals' decision and remanded for consideration of the remaining appellate issues.