Summary
The Mississippi Supreme Court reviewed whether a property-settlement agreement entitled Barbara Williams to her former spouse's Military Survivor Benefit Plan and whether attorney fees were properly awarded. The court held that the agreement did not provide Barbara with military survivor benefits and that those benefits were not accorded to her by law. It affirmed the Court of Appeals, reversed the chancery court in part, and remanded for further proceedings concerning the attorney-fee award.
Holdings
- The property-settlement agreement did not obligate Julius to provide Barbara with military survivor benefits because the agreement did not grant that benefit and the benefit was not accorded to Barbara by law. The chancellor therefore erred by modifying or reforming the agreement to require Julius to elect SBP coverage for Barbara.
- The award of attorney fees and costs was not reversed; the Court affirmed the Court of Appeals on this issue and remanded to the chancellor to determine the attorney-fee amount in light of the Supreme Court's opinion.
Questions Presented
- Whether the property-settlement agreement entitled Barbara Williams to Julius Williams's Military Survivor Benefit Plan benefits.
- Whether the chancellor erred in awarding Barbara Williams attorney fees and costs.
Disposition
reversed_and_remanded
Cases Cited (14)
- Williams v. Williams, 37 So. 3d 1196, 1202-03 (Miss. Ct. App. 2009)(followed in part)
- Williams v. Williams, 24 So. 3d 1038 (Miss. 2010)(procedural history)
- Giannaris v. Giannaris, 960 So. 2d 462, 467 (Miss. 2007)(followed)
- R.K. v. J.K., 946 So. 2d 764, 772 (Miss. 2007)(followed)
- In re Dissolution of the Marriage of De St. Germain, 977 So. 2d 412, 420 (¶ 23) (Miss. Ct. App. 2008)(followed)
- Steiner v. Steiner, 788 So. 2d 771, 776 (¶ 17) (Miss. 2001)(followed)
- West v. West, 891 So. 2d 203, 210-11 (¶¶ 13, 15) (Miss. 2004)(followed)
- Sharp v. United States, 580 F.3d 1234, 1237-38 (Fed. Cir. 2009)(distinguished)
- Barros v. Barros, 34 Wash. App. 266, 660 P.2d 770, 771-72 (1983)(followed by analogy)
- Chesney v. Chesney, 849 So. 2d 860, 862 (Miss. 2003)(followed)
Showing top 10 of 14.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…