MDA Calls for Wife To Get Half Of Husband’s Pension
Tennessee case summary on property division in divorce.
MDA unambiguously called for wife to receive half of husband’s pension.
Robert Christopher Walton v. Rebecca Guess Walton
The husband and wife in this Shelby County, Tennessee, case were divorced in 2018, at which time they entered into a marital dissolution agreement (MDA), which called for the wife to receive half of the husband’s annuity. In 2020, the husband returned to court and claimed that the wife misinterpreted this provision of the MDA. The trial court ultimately agreed with the wife’s understanding and held that the MDA was unambiguous. The wife also requested attorney’s fees and that the husband be held liable for contempt of court for failing to draft an Order for Qualified Domestic Relations (QDRO), which carried out the terms in the MDA. The court ordered that the QDRO be prepared and awarded her attorney’s fee. The court did not rule on the contempt motion. The husband appealed the case to the Tennessee Court of Appeals. The husband continued to argue that MDA was ambiguous and that the awarding of attorney’s fee was improper. The appeals court found that there was no ambiguity in the MDA, which clearly awarded the wife the half of her husband’s annuity. It found no language that would suggest she receive a smaller portion. The appeals court turned its attention to the awarding of attorney’s fee. The MDA requested attorney’s fees if there was a breach of the agreement or non-compliance, and reasonable fees for the non-defaulting side. The court ruled that the wife’s fees were due because the husband had failed to draft the QDRO. The appeals court ruled that the appeal was not frivolous.
But because the MDA called for attorney’s fees for the successful party, it awarded fees for that reason. Therefore, it affirmed the lower court’s judgment, but remanded the case for the lower court to determine the amount of the wife’s fees.
No.W2023-00988-COA-R3-CV (Tenn. Ct. App. See original opinion for exact wording. Legal citations have been omitted.To find out more, visit The Tennessee Divorce Process – How Divorces Work From Start to Finish.
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