In Re Estate of Milford Cleo Todd

In this case, the decedent’s ex-wife filed a claim against his estate to collect unpaid pension benefits awarded to her in their divorce. She asserted that the decedent failed to pay her a pro rata share of his cost-of-living allowances and “supplemental” benefit. The executrix for the decedent’s estate filed an exception to the claim, asserting that the divorce decree expressly provided that the ex-wife would “have no claim against the estate of [the decedent],” and did not award cost-of-living allowances or an interest in the “supplemental” benefit. The trial court found that the divorce decree did not bar the ex-wife’s action, that the ex-wife was entitled to a share of the decedent’s cost-of-living allowances and “supplemental” benefit, and awarded prejudgment interest. We affirm the trial court’s award of damages and interest but modify the judgment to reflect that the ex-wife is entitled to postjudgment rather than prejudgment interest.