MDA Called for Wife to Get Half of Husband’s Pension

Tennessee case summary on property division in divorce.

MDA unambiguously called for wife to receive half of husband’s pension.

Robert Christopher Walton v.   Rebecca Guess Walton

The husband and wife in this Shelby County, Tennessee, case were divorced in 2018, at which time they entered into a marital dissolution agreement (MDA), which called for the wife to receive half of the husband’s annuity.  In 2020, the husband was back in court, alleging that the wife was misinterpreting this provision of the MDA.  Ultimately, the trial court agreed with the wife’s interpretation, and held that the agreement was unambiguous.  The wife also asked for attorney’s fees, and asked that the husband be held in contempt for failing to draft a Qualified Domestic Relations Order (QDRO) carrying out the terms of the MDA.  The court ordered the QDRO to be prepared, and also awarded the wife her attorney’s fees.  It made no ruling on the contempt motion.  The husband appealed to the Tennessee Court of Appeals.  He continued to argue that the MDA was ambiguous, and argued that the award of attorney’s fees was improper.

The appeals court first noted that the construction of an MDA is governed by general principles of contract law.  The appeals court concluded that there was no ambiguity, as the MDA clearly awarded the wife half of the husband’s annuity payment.  It found no language which would suggest that she receive a lesser portion.  Therefore, it affirmed this portion of the lower court’s judgment.

The appeals court then turned to the award of attorney’s fees.  The MDA called for attorney’s fees in the case of a breach or noncompliance with the agreement, and for an award of reasonable fees to the non-defaulting party.  Since the husband failed to draft the required QDRO, it held that the wife was entitled to her fees.

The wife also asked for attorney’s fees for the appeal, calling the appeal frivolous.  The appeals court held that the appeal was not frivolous.  But because the MDA called for attorney’s fees for the successful party, it awarded fees for that reason.  Therefore, it affirmed the lower court’s judgment, but remanded the case for the lower court to determine the amount of the wife’s fees.

No.W2023-00988-COA-R3-CV (Tenn. Ct. App. Oct. 30, 2024).

See original opinion for exact language.  Legal citations omitted.

To learn more, see The Tennessee Divorce Process: How Divorces Work Start to Finish.

To learn more, see Property Division in Tennessee Divorce and view our video Is Tennessee a 50 50 divorce state?