Frost v. FrostAnnotate this Case
Husband Timothy Frost and Wife Hwa Frost were married in 1980 when Husband was in the U.S. Army and stationed in Korea country. The couple relocated to Georgia upon Husband’s retirement from the military after seventeen years of service. Husband was then-employed, but Wife was not, claiming to be disabled. Husband filed 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 died or remarried. The Supreme 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. After review, the Supreme Court found that the order declaring that payment of Husband’s military retirement benefits “shall continue until [Wife] dies or remarries” was contrary to law and was reversed. Upon remand, the trial court was instructed to award to Wife her equitable portion of Husband’s military retirement benefits as part of the equitable division of marital property that will survive Wife’s death or remarriage. The Court affirmed in all other respects.