Johnson v. Johnson

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Mark Johnson and Elizabeth Johnson married in 1974 and divorced a decade later. Mark retired in 1999. In 2008, Elizabeth filed a qualified domestic relations order attempting to secure her portion of Mark’s retirement benefit. To comply with the 1984 divorce decree the district court awarded Elizabeth ongoing payments from the date Elizabeth filed for the clarifying order. The court of appeals affirmed. The Supreme Court affirmed in part and reversed in part, holding that the court of appeals (1) did not err in determining that an action to enforce the ongoing right to collect a portion of pension retirement benefits is not barred by the statute of limitations; (2) did not err in determining that Mark’s argument concerning laches was inadequately briefed; and (3) erred when it affirmed the district court’s award granting Elizabeth her marital fraction of Mark’s actual retirement benefits. Remanded. View "Johnson v. Johnson" on Justia Law