In Allen v. Allen, 1983 OK CIV APP 66, 672 P.2d 325, the husband appealed the trial court's property division because the trial court awarded the wife the couple's residence.
The Court of Civil Appeals stated, " . . .the failure to allow the husband some interest in that property seemingly was unreasonable." However the Court noted that even though it was not mentioned in the divorce decree, the husband testified he had accrued pension rights that would pay him $567.95 per month three years from the trial date.
"The trial court's failure to include the pension in the marital estate for division had the effect of awarding it to the husband."
The Court further held:
"Considering the award (by silence) of the entire pension to defendant, we conclude that the overall result of the trial court's property division is an equitable one. In fact, defendant received a greater proportion of the marital estate."