Johnson v. Johnson

OPINION

in which ANDERSON, C.J., and DROWOTA, BIRCH, and BARKER, JJ., joined.

The parties’ marital dissolution agreement (“MDA”) divided Mr. Johnson’s “mil itary retirement benefits” to provide one half of those benefits to Ms. Johnson. After the final decree was entered, Mr. Johnson unilaterally waived a portion of his military retired pay to receive the same amount in non-taxable disability benefits. The payment of Ms. Johnson’s share of the military retired pay was reduced accordingly. Ms. Johnson requested a modification of the MDA to provide for alimony in an amount equal to the reduction.…