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U.S.C. sec. 1408(c)(1) (2004). Under Colorado law, “vested and
matured military retirement pay, which has accrued during all or
part of a marriage, constitutes marital property subject to
equitable division in a dissolution proceeding.” In re Marriage
of Gallo, 752 P.2d 47, 54 (Colo. 1988).
Turning to the Amended Order, the Colorado court did not
divide petitioner’s military retirement pension, but rather
awarded Ms. Warriner “spousal maintenance”. The Colorado court
clearly contemplated the division of petitioner’s military
retirement pension, as first effectuated in the Final Orders.
Additionally, paragraph 6 of the Final Orders awarded Ms.
Warriner a $171,575 property settlement as a recovery of wasted
marital assets, notably the same amount the Colorado court
ultimately awarded Ms. Warriner as alimony in gross8 in paragraph
3b of the Amended Order. However, as expressed in paragraphs 4
and 8 of the Final Orders, the Colorado court found it necessary
to provide for direct payments to Ms. Warriner from petitioner’s
military retirement pension. The only method available for
direct payments to Ms. Warriner was pursuant to 42 U.S.C. section
8 The Colorado court has the discretion to award periodic
alimony or alimony in gross (lump-sum alimony). Alimony in gross
can only be awarded when special circumstances or a compelling
reason necessitates such an award. Carlson v. Carlson, 497 P.2d
1006, 1010 (Colo. 1972). Alimony in gross is not unacceptable
per se. Moss v. Moss, 549 P.2d 404, 406 (Colo. 1976). The
Colorado court presumably considered the special circumstances of
petitioner’s problematic financial history, as explained in
paragraphs 4, 8, and 17 of the Final Orders.
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Last modified: May 25, 2011