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Johnson v. Johnson
Utah Supreme Court
330 P.3d 704 (2014)
Mark Johnson (defendant) and Elizabeth Johnson, now Zoric (plaintiff), were married from 1974 to 1984. In the initial divorce proceeding, the trial court awarded Zoric one half of 10 years’ worth of Johnson’s military-retirement benefits. Johnson rose in rank after the divorce. This increased the amount of the pension for which Johnson became eligible by the time of his retirement in 1999. In 2008 Zoric sought a qualified domestic-relations order in district court to secure her portion of the increase. The court determined that Zoric was entitled to a share of any postdivorce pension increases. Johnson appealed, arguing that Zoric’s share should have been fixed at the amount for which he was eligible at the time of the divorce in 1984. The court of appeals affirmed the district court’s award. Johnson again appealed. The Utah Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Nehring, J.)
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