Phipps v. Phipps

BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDINGS

Mr. and Mrs. Phipps were divorced by decree of the district court in Washington County, Idaho, on August 10, 1982. Because Mr. Phipps received more than one-half of the couple’s community property in the divorce, he and Mrs. Phipps executed an agreement whereby he would pay her either the greater of $300, or one-third of his monthly retirement benefits until she either remarried or died. The agreement stated as follows:

4. ADDITIONAL AGREEMENTS: That as an equalizhtion of the community property, as the husband is receiving more than half of the…