Weiland v. Weiland
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In this divorce action, the Supreme Court affirmed in part and reversed in part the judgment of the district court ordering Timothy Weiland to pay Ann Weiland a fixed award of $465 per month for military pension benefits and to pay Ann her share of Timothy's retirement benefits had had received and not paid to Ann, holding that the district court erred when it assigned a fixed monthly dollar value.
Specifically, the Supreme Court held that under the parties' divorce decree, the district court erred when it assigned a fixed monthly dollar value to Ann's interest in Timothy's military retirement benefits. Ann was entitled to an award of military pension benefits and back payments, but the fixed monthly benefit award and the fixed monthly amount of back payments was vacated. The Court reversed and remanded with directions to determine the equitable distribution of Timothy's military retirement expressed as a formula that adheres to the points awarded in the decree and consistent with a hypothetical retirement date as of the date of the decree.
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