Troy R. Burns v. Halya P. Burns

Summary

The Alaska Supreme Court affirmed an order enforcing a marital settlement agreement requiring Troy Burns to pay spousal support based on his dental income for a minimum of five years. The court held that the agreement's language and the parties' reasonable expectations supported interpreting the support obligation as based on imputed dental earnings even if Troy retired from dentistry.

Holdings

1. Read in context and in light of the extrinsic evidence, the settlement agreement required Troy to pay spousal support based on an amount comparable to his usual dental earnings for a minimum of five years, even if he retired from dentistry or otherwise ceased earning a dentist's income.
2. Because the superior court correctly interpreted the settlement agreement, the Alaska Supreme Court affirmed without reaching Troy's alternative argument that the interpretation constituted an impermissible modification requiring the entire agreement to be set aside and the property and support issues relitigated.

Questions Presented

1. Whether the settlement agreement required Troy to pay spousal support based on his dental income for a minimum of five years even if he retired from dentistry or changed careers.
2. Whether the superior court's interpretation of the settlement agreement impermissibly modified the agreement and required relitigation of the property division and support provisions.

Disposition

affirmed