In Re the Marriage of Martin

Two former spouses dispute whether a provision in the decree dissolving their marriage constitutes an alimony award or a division of property. We reverse the district court’s order dismissing the ex- husband’s petition for modification and remand for further proceedings.

I.Background Facts & Proceedings.

Joseph and Samnieng Martin’s eighteen-year marriage was dissolved in September 1986. The dissolution decree included the following provision:

[Joseph] shall pay alimony to [Sam-nieng] ... in a sum equal to one-third of his pension benefits from the John Deere Company, to commence when [he]…