Wesley McDivitt v. Sue McDivitt

BAKER, Judge.

[1] Wesley McDivitt appeals the judgment of the trial court ordering him to pay one-half of his monthly pension benefits to his ex-wife, Sue McDivitt. Finding that the trial court based its judgment on an erroneous interpretation of Wesley’s employment severance agreement, we reverse.

Facts 1 '

[2] Wesley and Sue were married on September 9, 1999. A week before their marriage, the couple entered into a prenuptial agreement. The agreement contained the following provision:

Section 5.1. Ownership of Benefits. Wife agrees that the benefits under the Husband’s 401K Plan and IRA…