Appellant Phyllis Wright (Phyllis) appeals from the trial court’s decision denying modification of alimony in her favor. We affirm.
The parties were divorced in Lawrence County, South Dakota, on May 8, 1981, after thirty-five years of marriage. At the time of the divorce the husband, James Wright (James), was a retired Colonel from the United States Army Chaplain Corps. The divorce decree adopted and incorporated a property settlement agreement between the parties, which provided for alimony payments to Phyllis in the amount of $675 per month until such time as Phyllis should remarry. Nine months after the divorce, James sought relief from such alimony payments based on a decision of the United States Supreme Court, McCarty, v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981), handed down a few months after the divorce decree was entered. McCarty held that military retirement pay could not be considered marital property under state laws because that would interfere with the military goal of encouraging early retirement and maintaining a youthful force. James argued that the alimony provision in the divorce decree had included his military retirement pay and should be reduced proportionally. In February of 1983, while the motion for reduction was pending, Congress passed the Uniform Services Former Spouses Protection Act (Spouses Protection Act), 10 U.S.C. § 1408(c)(1) (1983), which allows military retirement pay to be included as a marital asset.
*373On May 5, 1983, the trial court entered a modification of the divorce decree, ordering that James pay Phyllis $400 per month alimony for a period of five years. In doing so, the trial court held that the Spouses Protection Act did not have retroactive effect to the date of the divorce decree and, therefore, the military retirement pay should not have been included as a marital asset for the purpose of setting alimony.
From this decision, Phyllis filed a notice of appeal. Subsequently, the parties entered into a stipulation whereby the pending appeal would be dismissed, the alimony would remain at $400 per month to terminate in -five years, and “both parties can petition the court to reconsider the issue of alimony based on the circumstances of both parties as of that time.” The pending appeal was dismissed with prejudice by this court.
In June of 1987, Phyllis initiated a motion for modification of the alimony, based on an alleged change of circumstances and on the misapplication of McCarty, supra, and the Spouses Protection Act. The trial court denied relief, finding no change of circumstances. This appeal followed.
Phyllis raises two issues: whether the trial court erred in failing to modify the alimony award based on the current understanding of the retroactivity of the Spouses Protection Act; and, whether the trial court abused its discretion in failing to find evidence to support a change of circumstances sufficient to justify a modification of alimony.
We first determine that the propriety of the trial court’s decision on the Spouses Protection Act in the 1983 decision is not properly before us. That was a proper issue in the appeal that Phyllis initiated at that time. But that appeal was dismissed pursuant to stipulation and the issue cannot now be resurrected.
We then examine the second issue. To justify a modification of alimony payments, there must be a change of circumstances. Wilson v. Wilson, 399 N.W.2d 890 (S.D.1987); Wegner v. Wegner, 391 N.W.2d 690 (S.D.1986); Lampert v. Lampert, 388 N.W.2d 899 (S.D.1986); Moller v. Moller, 356 N.W.2d 909 (S.D.1984); Herndon v. Herndon, 305 N.W.2d 917 (S.D.1981). The burden of proving a change in circumstances sufficient to justify modification of an alimony award is upon the party seeking modification. Wegner, supra. See Wilson, supra; Lampert, supra; Rousseau v. Gesinger, 330 N.W.2d 522 (S.D.1983). This court will not disturb the decision of a trial court regarding modification of alimony unless there is an abuse of discretion. Wilson, supra; Wegner, supra; Lampert, supra; Moller, supra; Herndon, supra.
Upon a full review of the record and the findings of fact and conclusions of law entered by the trial court, we find that, in accordance with Wilson, supra, the court considered the needs of Phyllis and the financial ability of James. The trial court was in possession of full financial evidence from both parties and concluded there had been no change of circumstances sufficient to justify a modification of alimony. We find no abuse of discretion.
Affirmed.
WUEST, C.J., concurs. HENDERSON, J., concurs specially. SABERS, J., dissents. MILLER, J., deeming himself disqualified did not participate in this decision.