In Re the Marriage of Duggan

TERNUS, Justice.

In this appeal, the appellant, Rebecca Duggan, asks to be designated as the surviving spouse on her former husband’s pension plan, and asserts that she is entitled to one-half of any cost-of-living increases in the monthly benefit payable under the plan. We grant the requested relief. In doing so, we modify and affirm the court of appeals’ decision and affirm the district court judgment as modified.

I. Background, Facts and Proceedings.

Appellee, Dennis Duggan, and appellant, Rebecca Duggan, were married in 1965. They have five children. At the time of this action only the…