Common Contracts
1 similar Marital Dissolution Agreement contracts
IN THE SUPREME COURT OF TENNESSEE AT JACKSONMarital Dissolution Agreement • February 23rd, 2001
The parties’ marital dissolution agreement (“MDA”) divided Mr. Johnson’s “military retirement benefits” to provide one half of those benefits to Ms. Johnson. After the final decree was entered, Mr. Johnson unilaterally waived a portion of his military retired pay to receive the same amount in non-taxable disability benefits. The payment of Ms. Johnson’s share of the military retired pay was reduced accordingly. Ms. Johnson requested a modification of the MDA to provide for alimony in an amount equal to the reduction. Both the trial court and the Court of Appeals denied the requested relief, relying on Gilliland v. Stanley, No. 3258, 1997 WL 180587 (Tenn. Ct. App. April 16, 1997). We interpret the petition to modify as a petition to enforce the divorce decree. We hold that when an MDA divides military retirement benefits, the non-militaryspouse obtains a vested interest in his or her portion of those benefits as of the date of the court’s decree. Any act of the military spouse that unil
