Richard Jude Villars, Appellant v. Kathleen Estelle Villars, Appellee

Summary

The Alaska Supreme Court affirmed the order requiring Richard to pay Kathleen one-half of the marital portion of his military retirement benefits beginning when he began receiving retirement pay, even though he retired before age sixty. The court held that the settlement agreement and related retirement order unambiguously reflected an intent to divide the marital portion equally upon retirement, and that the superior court's factual findings were supported by the evidence. The court also rejected Richard's argument that pre-age-sixty benefits were his separate property or that the superior court had impermissibly modified the agreement.