Johnson v. Johnso

330 P.3d 704 (2014)

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Nature of the Case

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Facts

Mark (H) and Elizabeth (W) married in 1974 and divorced in 1984. During the parties' ten-year marriage, H accrued approximately ten years of service in the United States Air Force. At the time of the divorce, he was a staff sergeant with a pay grade of E-5. Because H's pension required twenty years to vest, at the time of the divorce the district court was unable to determine a specific monetary amount that would be owed to W. The district court's decree awarded W '1/2 of 10 years of H's retirement.' At the time of his retirement in 1999, H was a master sergeant with a pay grade of E-7, having completed twenty-four years of service. His monthly payment under the pension was calculated based on his pay grade and number of years of service at retirement. In September 2000, H received a veteran's disability award for ailments that arose after his divorce. H's final retirement benefit was reduced by the amount that he received under the disability award. In October 2008, W filed a Qualified Domestic Relations Order (QDRO) in another attempt to secure her portion of H's retirement benefit. The district court awarded W her marital share of H's actual monthly benefit, based on his salary at the time of retirement and his number of years of service, less the disability reduction. The court determined the doctrine of laches barred W from recovering any portion of the benefits that had already been paid before she filed for the clarifying order in October 2008. H appealed. The court of appeals affirmed the district court's order awarding W ongoing payments based on H's actual retirement benefit. H alleges that the statute of limitations serves to wholly bar W's claim to any portion of H's retirement benefit.