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share of her former husband's military retirement pension.4 The
Decree in pertinent part states as follows:
The parties have agreed, and in view of the
uncertain state of the law regarding the same, the
court approves the following arrangement regarding
allocation of petitioner's future retirement benefits.
* * *** * * * *
* * * wife shall be awarded an interest in any future
military retirement received by the * * * husband to be
computed as follows: An amount equal to one-half of the
net monthly retirement pay times a fraction, the
numerator of which shall be 2295 and the denominator of
which shall be the total months of the husband's active
military duty accrued at the time of his retirement.
Said award of a portion of retirement benefits to * * *
wife shall continue until the remarriage of the wife,
at which point her entitlement thereto shall cease.
* * * husband shall be ordered to execute such
documents as to provide for direct payment to * * *
wife by the federal agency involved of her share of
retirement benefits by way of allotment or otherwise.
In 1980, petitioner began receiving a division of the
community property pursuant to the Decree. In 1983, petitioner's
former husband retired. During that year petitioner started
receiving a proportionate share of her former husband's military
retirement pay in accordance with their agreement as incorporated
in the Decree. During the year in issue, pursuant to the Decree,
petitioner received $7,258.37 of her former husband's military
4 Petitioner's former husband had served in the military
since 1956 and retired from the Air Force in 1983, after 27 years
of military service.
5 Two hundred and twenty-nine months is the number of
months petitioner and her former husband had been married as of
the date of their separation.
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