LexyCorpus case page
CourtListener opinion 2676785
Date unknown · US
- Extracted case name
- In re Marriage of Green
- Extracted reporter citation
- 400 S.W.3d 869
- Docket / number
- pending
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 2676785 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“ERTS, ) FILED: June 3, 2014 Respondent. ) Appeal from the Circuit Court of Jackson County The Honorable Twila K. Rigby, Judge Before Division Two: Victor C. Howard, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ. Deborah Roberts ("Wife") appeals from a qualified domestic relations order or "QDRO" entered by the Circuit Court of Jackson County, which specifies that, under a 1990 dissolution decree, Wife is entitled to one-half of only the marital portion of her ex-husband‟s retirement benefits. We affirm. Factual Background Wife was married to Michael Roberts ("Husband") on April 9, 1976. Wife filed a petition to dissolve the marria”
retirement benefits“9, 254 (Mo. App. W.D. 1998). "Conversely, if property was 4 acquired outside the marriage, it is presumed to be nonmarital." Petties v. Petties, 129 S.W.3d 901, 908 (Mo. App. W.D. 2004). The distinction between marital and nonmarital property applies to retirement benefits. "It is well-settled in Missouri that only the portion of retirement benefits which are acquired during marriage are considered marital property subject to division under § 452.330." Rich v. Rich, 871 S.W.2d 618, 627 (Mo. App. E.D. 1994); see also Gambrel v. Gambrel, 943 S.W.2d 314, 315 (Mo. App. E.D. 1997); Mabon v. Mabon, 833 S.W.2d 488, 489 (Mo. App”
pension“decree incorporated a written Separation Agreement signed by both Husband and Wife. Husband was employed at the Marine Corps Finance Center in Kansas City, an agency of the federal government, during the marriage. His compensation package included certain pension rights through the Civil Service Retirement System. The Separation Agreement incorporated into the Dissolution Decree provided that Husband transferred to Wife Fifty percent (50%) of the Husband‟s Civil Service Retirement System "annuity with survivor benefit to named person having an insurable interest" as the surviving beneficiary thereof, subject to”
domestic relations order“LED: June 3, 2014 Respondent. ) Appeal from the Circuit Court of Jackson County The Honorable Twila K. Rigby, Judge Before Division Two: Victor C. Howard, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ. Deborah Roberts ("Wife") appeals from a qualified domestic relations order or "QDRO" entered by the Circuit Court of Jackson County, which specifies that, under a 1990 dissolution decree, Wife is entitled to one-half of only the marital portion of her ex-husband‟s retirement benefits. We affirm. Factual Background Wife was married to Michael Roberts ("Husband") on April 9, 1976. Wife filed a petition to dissolve the marria”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 400 S.W.3d 869
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
IN THE MISSOURI COURT OF APPEALS
WESTERN DISTRICT
DEBORAH L. ROBERTS, )
Appellant, )
)
v. ) WD76679
)
MICHAEL L. ROBERTS, ) FILED: June 3, 2014
Respondent. )
Appeal from the Circuit Court of Jackson County
The Honorable Twila K. Rigby, Judge
Before Division Two: Victor C. Howard, P.J., and Alok Ahuja and Mark D. Pfeiffer, JJ.
Deborah Roberts ("Wife") appeals from a qualified domestic relations order or "QDRO"
entered by the Circuit Court of Jackson County, which specifies that, under a 1990 dissolution
decree, Wife is entitled to one-half of only the marital portion of her ex-husband‟s retirement
benefits. We affirm.
Factual Background
Wife was married to Michael Roberts ("Husband") on April 9, 1976. Wife filed a
petition to dissolve the marriage on September 19, 1989. A hearing on the petition was held on
March 20, 1990. The trial court entered its Decree of Dissolution of Marriage that same day.
The decree incorporated a written Separation Agreement signed by both Husband and Wife.
Husband was employed at the Marine Corps Finance Center in Kansas City, an agency of
the federal government, during the marriage. His compensation package included certain
pension rights through the Civil Service Retirement System. The Separation Agreement
incorporated into the Dissolution Decree provided that Husband transferred to Wife
Fifty percent (50%) of the Husband‟s Civil Service Retirement System "annuity
with survivor benefit to named person having an insurable interest" as the
surviving beneficiary thereof, subject to the terms and conditions set forth in the
Decree of Dissolution of Marriage and further subject to the terms and conditions
set forth in the Husband‟s United States Government Civil Service Retirement
System and its Rules and Regulations pertaining thereto.
At the time of the dissolution of marriage, all of Husband‟s work for the Marine Corps Finance
Center had occurred during the marriage, and therefore all of his existing pension rights had been
earned during the marriage.
Husband continued to work for the Marine Corps Finance Center following the
dissolution, however. He retired from the Center in 2013, almost twenty-three years after the
dissolution of his marriage to Wife. Husband believed that the 1990 dissolution decree awarded
Wife one half of only the marital portion of his pension. The federal Office of Personnel
Management ("OPM") informed him, however, that it believed that the decree required it to
allocate half of his entire pension to Wife, including one-half of the benefits which Husband
earned as a result of his post-dissolution employment.
On March 22, 2013, Husband filed a Motion for Judgment Entry of Domestic Relations
Order with the circuit court. In his motion, Michael asked the trial court to adopt his proposed
form of judgment, which was intended to constitute a "Court Order Acceptable for Processing,"
or "COAP," under OPM‟s regulations. Husband‟s proposed COAP specified that Wife was only
entitled to one-half of the "Marital Portion" of Husband‟s pension benefits. The COAP provided
that
[f]or purposes of calculating the Former Spouse‟s share of Employee‟s benefit,
the Marital Portion shall be determined by multiplying the Employee‟s Gross
Monthly Annuity by a fraction, the numerator of which is the total number of
months of Creditable Service earned by the Employee during the marriage from
2
April 9, 1976 to March 20, 1990, and the denominator of which is the total
number of months of the Employee‟s Creditable Service accrued under [the Civil
Service Retirement System] . . . .
The trial court entered a judgment incorporating the terms of Husband‟s proposed COAP
on April 8, 2013. Wife filed a motion to set aside the judgment on May 6, 2013. She argued that
the 1990 dissolution decree unequivocally provided that she was entitled to half of Husband‟s
entire pension benefit, rather than merely one-half of the pension rights Husband earned during
the marriage. The trial court denied Wife‟s motion on July 16, 2013. Wife appeals.1
Analysis
Section 452.330.52 provides:
The court‟s order as it affects distribution of marital property shall be a
final order not subject to modification; provided, however, that orders intended to
be qualified domestic relations orders affecting pension, profit sharing and stock
bonus plans pursuant to the U.S. Internal Revenue Code shall be modifiable only
for the purpose of establishing or maintaining the order as a qualified domestic
relations order or to revise or conform its terms so as to effectuate the expressed
intent of the order.
The trial court‟s judgment adopting the COAP constitutes a "qualified domestic relations
order" or "QDRO" within the meaning of § 452.330.5. Kuba v. Kuba, 400 S.W.3d 869, 873-75
(Mo. App. W.D. 2013). Therefore, even though divisions of marital property are generally non-
modifiable, the trial court had the authority to enter the COAP for the purpose of "effectuat[ing]
the expressed intent of" the 1990 dissolution decree. "„Interpretation of a dissolution judgment
1
Generally, appeals may be taken only from final judgments. Section 512.020(5),
however, authorizes an appeal from "any special order after final judgment in the cause." Rulings like the
one in this case, which seek to implement the property division ordered in an earlier dissolution decree,
are appealable "special order[s] after final judgment" under § 512.020(5). Brooks v. Brooks, 98 S.W.3d
530, 531 (Mo. banc 2003); In re Marriage of Green, 341 S.W.3d 169, 174 (Mo. App. E.D. 2011). As
required by Brooks, 98 S.W.3d at 532, the COAP entered by the trial court was expressly denominated as
a "judgment."
2
Statutory citations refer to the 2000 edition of the Revised Statutes of Missouri, updated
through the 2013 Cumulative Supplement.
3
and a QDRO is an issue of law that we review de novo.‟" Id. at 875 (quoting In re Marriage of
Green, 341 S.W.3d 169, 175 (Mo. App. E.D. 2011)).
The present dispute must be understood against the backdrop of the Missouri statutes
addressing the division of property in a dissolution proceeding. Where a court establishes its
own property division, marital and nonmarital property are treated in significantly different
ways. Section 452.330.1 provides that "[i]n a proceeding for dissolution of the marriage[,] . . .
the court shall set apart to each spouse such spouse‟s nonmarital property and shall divide the
marital property and marital debts in such proportions as the court deems just after considering
all relevant factors . . . ."
Thus, per section 452.330, the trial court is charged with completion of a two-step
process: [¶] First, the court must set apart to each spouse his or her separate
property. Second, the court must divide the remaining marital property.
Pollard v. Pollard, 401 S.W.3d 506, 511 (Mo. App. W.D. 2013) (citation and internal quotation
marks omitted). "„[A] court has no authority acting on its own to divide separate or nonmarital
property and in fact commits prima facie error when it awards a spouse a partial interest in the
other spouse‟s nonmarital property.‟" Dahn v. Dahn, 346 S.W.3d 325, 337 n.9 (Mo. App. W.D.
2011) (quoting In re Marriage of Medlock, 990 S.W.2d 186, 188 (Mo. App. S.D. 1999)).
Property acquired or earned during the marriage is generally presumed to be marital
property, while property acquired before or after the marriage is presumed to be nonmarital.
Section 452.330.3 provides that
[a]ll property acquired by either spouse subsequent to the marriage and prior to a
decree of legal separation or dissolution of marriage is presumed to be marital
property regardless of whether title is held individually or by the spouses in some
form of co-ownership such as joint tenancy, tenancy in common, tenancy by the
entirety, and community property.
There is a strong presumption that property acquired during the marriage is marital property.
Heslop v. Heslop, 967 S.W.2d 249, 254 (Mo. App. W.D. 1998). "Conversely, if property was
4
acquired outside the marriage, it is presumed to be nonmarital." Petties v. Petties, 129 S.W.3d
901, 908 (Mo. App. W.D. 2004).
The distinction between marital and nonmarital property applies to retirement benefits.
"It is well-settled in Missouri that only the portion of retirement benefits which are acquired
during marriage are considered marital property subject to division under § 452.330." Rich v.
Rich, 871 S.W.2d 618, 627 (Mo. App. E.D. 1994); see also Gambrel v. Gambrel, 943 S.W.2d
314, 315 (Mo. App. E.D. 1997); Mabon v. Mabon, 833 S.W.2d 488, 489 (Mo. App. W.D. 1992).
[A] worker is considered to have earned a ratable proportion of his or her pension
as that person works, so that if a spouse was married for one-half of his or her
working life, the former spouse would be entitled to a proportionate share of one-
half of the pension benefits.
Kelly v. Kelly, 340 S.W.3d 673, 679 (Mo. App. W.D. 2011) (quoting Mo. Prosecuting Attorneys
v. Barton Cnty., 311 S.W.3d 737, 743 (Mo. banc 2010)).
Therefore, in the 1990 dissolution decree the trial court would not have had the authority
to award Wife any portion of the pension benefits Husband earned during his post-dissolution
employment with the Marine Corps Finance Center, because pension benefits earned after
dissolution of the parties‟ marriage would be considered Husband‟s nonmarital property.
Although the trial court may not have authority to do so, however, the parties may agree
to a property division which awards one spouse a share of the other spouse‟s nonmarital
property. Section 452.325 encourages divorcing spouses to agree to the division of their
property, and provides that those voluntary agreements will generally be enforced by the courts.
Section 452.325 provides:
1. To promote the amicable settlement of disputes between the parties
to a marriage attendant upon their separation or the dissolution of their marriage,
the parties may enter into a written separation agreement containing provisions
for the maintenance of either of them, the disposition of any property owned by
either of them, and the custody, support and visitation of their children.
5
2. In a proceeding for dissolution of marriage or for legal separation,
the terms of the separation agreement, except terms providing for the custody,
support, and visitation of children, are binding upon the court unless it finds, after
considering the economic circumstances of the parties and any other relevant
evidence produced by the parties, on their own motion or on request of the court,
that the separation agreement is unconscionable.
Franken v. Franken, 191 S.W.3d 700 (Mo. App. W.D. 2006), confirms that a separation
agreement to which the parties voluntarily agree may award one spouse‟s nonmarital property to
the other spouse. In Franken, the parties signed a settlement agreement which distributed part of
an annuity to wife. Id. at 701. After finding that the settlement agreement was not
unconscionable, the trial court incorporated the agreement into its dissolution decree. Id.
Husband later argued that the trial court lacked jurisdiction to distribute any share of the annuity
to wife, because the annuity was husband‟s nonmarital property. Id. This Court rejected the
husband‟s argument. We emphasized that a separation agreement to which the parties
voluntarily agree is not subject to the limitations on a trial court‟s authority found in § 452.330:
[Husband] relied on Section 452.330.1, RSMo 2000, which mandates that the
circuit court "set apart to each spouse such spouse‟s nonmarital property." He
overlooks, however, Section 452.325, RSMo 2000, which requires circuit courts
to honor parties‟ written agreements regarding property division.
Id. at 702 (citation omitted); see also In re Marriage of Kohler, 778 S.W.2d 19, 21 (Mo. App.
E.D. 1989) (rejecting argument that trial court‟s judgment had the effect of distributing
nonmarital property in violation of § 452.330, where property division was derived from a
separation agreement which the court had found not to be unconscionable).
While spouses are free to enter into a separation agreement which distributes nonmarital
property, they did not do so in this case. The terms of the separation agreement, incorporated
into the 1990 dissolution decree, are construed according to the principles governing contract
interpretation.
6
The cardinal rule in the interpretation of a contract is to ascertain the intention of
the parties and to give effect to that intention. Where the parties have expressed
their final and complete agreement in writing and there is no ambiguity in the
contract, the intent of the parties must be determined solely from the four corners
of the contract itself.
Eveland v. Eveland, 156 S.W.3d 366, 368-69 (Mo. App. E.D. 2004) (citations and internal
quotation marks omitted).
It is a fundamental principle of contract construction that "„[i]n determining the intent of
the parties to a contract, we review the terms of a contract as a whole, not in isolation.‟"3 Wife
ignores this bedrock principle. She focuses on isolated provisions of the 1990 dissolution decree,
which state that she was awarded "[f]ifty percent (50%) of the Husband‟s Civil Service
Retirement System „annuity,‟" and that she "shall receive Fifty percent (50%) of [Husband‟s]
monthly retirement annuity . . . upon [Husband‟s] retirement . . . ." Wife ignores, however, that
multiple provisions of the dissolution decree specify that the parties‟ separation agreement only
divided marital property then in existence, and that the parties specifically disclaimed any right
to the other party‟s nonmarital property. In these circumstances, the trial court was required to
enter a COAP which limited Wife‟s share to 50% of the marital portion of Husband‟s pension.
The decree unambiguously states that "[n]either the Wife nor the Husband makes any
claim to the non-marital property of the other." The decree also makes clear that Exhibits A and
B, which contain the provisions on which Wife relies, only dispose of marital property:
B. Marital Property: The parties shall transfer all right, title and
interest in and to the property set forth in Exhibit "A" and "B," attached hereto
and incorporated herein by reference according to the terms set forth thereon.
3
Pub. Commc'ns Servs., Inc. v. Simmons, 409 S.W.3d 538, 548 (Mo. App. W.D. 2013)
(quoting U.S. Neurosurgical, Inc. v. Midwest Div.–RMC, LLC, 303 S.W.3d 660, 665 (Mo. App. W.D.
2010) (en banc)); see also Wilson v. Lilleston, 290 S.W.3d 795, 800 (Mo. App. W.D. 2009) ("„When
interpreting a judgment, [the appellate] court examines the language of the judgment in its entirely and
determines the intention of the trial court from all parts of the judgment.‟" (citation omitted)).
7
The property listed as Marital Property in Exhibits "A" and "B" is hereby
declared to be marital property, and all other property not therein listed is hereby
declared to be non-marital property.
The decree elsewhere states that it is awarding to Wife "a portion of [Husband‟s] marital asset
known as [Husband‟s] Civil Service Retirement (Pension)" and related benefits.
The separation agreement also recognizes that Husband may elect in certain
circumstances to receive a refund of his voluntary contributions to the Civil Service Retirement
System; in that event, the decree provides that Wife will receive "Ten Thousand, Four Hundred
Fifty-eight Dollars ($10,458.00), plus accrued interest earned thereon as of January 1, 1990 . . . ."
The fact that the decree limits Wife‟s lump-sum share to a fixed dollar amount, calculated as of
the time of dissolution, confirms that the parties‟ intention was for only the marital portion of the
pension to be divided.
The decree also contains a representation by each party to the other "that they have
revealed to each other all of their assets and debts which they now presently own, have an
interest in, or owe, and this Agreement in one form or another makes reference to each of their
assets and debts." This representation indicates that the parties‟ separation agreement did not
address after-acquired property, but only the property which existed as of the date of the
dissolution decree.
Thus, considering the decree as a whole, it is clear that the parties‟ separation agreement
awarded Wife one-half of only the marital portion of Husband‟s pension rights. As we have
discussed, under Missouri law only the pension benefits which Husband earned during the
marriage are considered to be marital property. The decree gives no indication that it was
intended to award Wife any share of the retirement benefits Husband acquired after dissolution,
as part of his nonmarital compensation. The circuit court properly entered a COAP which
8
limited Wife‟s one-half interest to the portion of Husband‟s pension rights earned during the
marriage.4
In his Brief, Husband asks that the formula specified in the COAP for calculating the
marital portion of his retirement benefits be modified. We reject this suggestion. First, Husband
proposed the COAP which the circuit court entered; he cannot now attack an aspect of the
judgment which he asked the circuit court to enter. See, e.g., Sutton v. McCollum, 421 S.W.3d
477, 481 (Mo. App. S.D. 2013) ("„[a] party cannot lead a trial court into error and then employ
the error as a source of complaint on appeal.‟ Appellate courts will not reverse a trial court on
the basis of an invited error." (citations omitted)); G.H. v. Eli Lilly & Co., 412 S.W.3d 326, 332
(Mo. App. W.D. 2013). Second, Husband did not file a cross-appeal. Without a cross-appeal,
Husband may not seek modification of the judgment to achieve more or different relief. Johnson
v. Medtronic, Inc., 365 S.W.3d 226, 239 n.12 (Mo. App. W.D. 2012).
Conclusion
The circuit court‟s judgment, which specified that Wife was entitled to one-half of only
the marital portion of Husband‟s civil service retirement benefits, is affirmed.
______________________________
Alok Ahuja, Judge
All concur.
4
Wife argues that reversal is mandated by our decision in Miles v. Miles, 43 S.W.3d 876
(Mo. App. W.D. 2011). We disagree. In Miles, a dissolution decree awarded a wife one-half of her
husband‟s "total vested interest [in] his pension/retirement plan . . . as of the date [husband] actually
retires." Id. at 880. The emphasized language indicated that the wife was awarded one-half of husband‟s
total retirement benefits as they existed on his ultimate retirement date. This language is far different
from the isolated provisions of the 1990 dissolution decree on which Wife relies in this case, however.
Moreover, the Miles decree did not contain the additional language present in this case, which makes
clear that the 1990 dissolution decree only divided the retirement benefits which constituted marital
property.
9