Hathaway v. Foos

THOMAS, Judge.

*231Ron L. Hathaway ("the former husband") and Sally M. Foos ("the former wife") were married in 1972 and divorced by a judgment entered by the Morgan Circuit Court in 1994. The divorce judgment provides, in pertinent part:

"6. When the [former] husband effects his retirement, the [former] wife shall be entitled to receive thirty percent (30%) of [the former] husband's retirement (whether by lump sum or by installment) under whatever retirement program [the former] husband elects to receive."

In 2016 the former wife filed in the circuit court a proposed Qualified Domestic Relations…