Nist v. Nist

MEIERHENRY, Justice.

[¶ 1.] Ted and Sally Nist were divorced by a judgment and decree of divorce entered on January 19, 1996. Nine years later, Ted sought an order amending the judgment to state expressly that Sally is not entitled to a pro rata share of Ted’s pension and survivor benefits under the Foreign Service Act. The trial court granted Ted’s motion and amended the judgment nunc pro tunc. Sally appeals. We reverse and remand.

Factual and Procedukal Background

[¶ 2.] Ted and Sally Nist were married on May 21, 1983. During their marriage, Ted served in the federal Foreign Service. After…