Gross v. Wilson

Robert Gross and Dawn Wilson married in August 1992; Gross filed for divorce in August 2012. The parties resolved issues raised in the divorce action in a written settlement agreement incorporated into a divorce decree in March 2014. The final agreement provided that Wilson was to receive an amount equal to 50% of the military retirement and Veterans Administration (VA) disability pay that Gross received for his service in the United States Coast Guard (USCG). A little over a year later Gross reduced his monthly payment to Wilson by an amount equal to 50% of his disability payments, and Wilson filed a motion for enforcement of the terms of the settlement agreement. Gross opposed the motion, arguing that the Uniformed Services Former Spouses’ Protection Act (USFSPA) exempted VA payments from allocation during divorce as marital property; he also argued he had misunderstood the agreement. The superior court ordered Gross to resume payments pursuant to the agreement and to pay arrearages. Gross appealed. Finding Gross had no procedural basis for bringing a collateral attack on his divorce decree, the Alaska Supreme Court affirmed. View "Gross v. Wilson" on Justia Law