In re Marriage of Morris
Annotate this CaseKathy Morris and Dennis Morris divorced in 2003 pursuant to a stipulated decree of dissolution adopted by the district court. Trial counsel for the parties did not expressly address survivor rights when dividing retirement benefits. At issue was whether the award of "half of the...Marine Corps Retirement" in the parties' stipulated decree entitled Kathy to fifty percent of Dennis's retirement benefits while Dennis lived, without survivor benefits, or whether the decree obligated Dennis to designate Kathy for survivor benefits. In 2010, Kathy filed an application for a hearing to decide the issue. The district court denied Kathy relief, and the court of appeals affirmed. The Supreme Court vacated the decision of the court of appeals and reversed the trial court, holding that the lower courts erred by characterizing the issue solely as a request for modification of the 2003 decree. Rather, the disputed should have been treated as a request to interpret the 2003 decree. Remanded for the district court to determine its intent as to survivorship rights when it entered the decree in 2003.
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