In the Matter of the Marriage of Jacqueline Kay Shevling v. Harley Eugene Shevling; Judith A. Shevling, Intervenor/Appellee, 278 Kan. 356

Summary

The Kansas Supreme Court held that the ex-wife's former spouse survivor annuity could not be reduced by a post-retirement court order under applicable federal law. The second wife was merely an incidental, rather than intended, third-party beneficiary of the agreement between the ex-spouses and therefore could not enforce it. The court reversed the district court's judgment requiring the ex-wife to share the survivor benefits and holding her in contempt.

Holdings

1. Judith was an incidental, rather than an intended, third-party beneficiary of the agreement and therefore had no right to enforce it.
2. Judith did not establish an enforceable contract between herself and Kay because the district court made no findings concerning mutual assent, the terms of the alleged agreement, or consideration, and Judith did not properly present the issue.

Questions Presented

1. Whether Judith Shevling was an intended third-party beneficiary of the 1985 agreement between Kay and Harley Shevling and therefore could enforce it.
2. Whether Judith established an enforceable contract directly between herself and Kay based on an alleged 1995 telephone conversation.
3. Whether the district court's order requiring Kay to share the federal survivor benefits and its related contempt ruling could stand.

Disposition

reversed