Daniel Louis Pinkava v. Tawania Leigh Kovacs-Pinkava

This appeal involves the interpretation of a marital dissolution agreement (“MDA”). Wife filed suit to clarify the terms of the MDA regarding the apportionment of Husband’s future military retirement.  The trial court held that the MDA granted Wife twenty-five percent of Husband’s retirement benefits at the rank of captain, his rank at the time of divorce, including cost-of-living adjustments that will be in effect when he elects to retire. Husband appeals and argues that the award of retirement benefits was intended to be alimony in solido and was ascertainable at the time of divorce rather than at the time he elects to retire. We agree with the trial court’s interpretation and affirm the trial court in all respects.