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HARTLEY v. HARTLEY

No. S-13002.

205 P.3d 342 (2009)

John A. HARTLEY, Appellant, v. Tina M. HARTLEY, Appellee.

Supreme Court of Alaska.

April 17, 2009.

Attorney(s) appearing for the Case

G.R. Eschbacher and Justin Eschbacher, Anchorage, for Appellant.

Jennifer L. Holland, Law Offices of Jennifer L. Holland, Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

John and Tina Hartley's pre-divorce property settlement agreement awarded Tina fifty-seven percent of the monthly benefit accrued in John's Federal Employee Retirement System (FERS) defined benefit plan. The agreement did not specify whether Tina's payments should be based on John's highest three salary years during the marriage or upon his future retirement. Nor did it specify who should bear the...

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