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was ratified and incorporated into a Final Decree of Dissolution
of Marriage (Final Decree) by the District Court of the Second
Judicial District of the State of New Mexico, County of
Bernalillo.1 The Final Decree provided in relevant part as
follows:
4. AIR FORCE RETIREE PAY.
* * *
f. The treatment of Kenneth R. Porter's disposable retired pay, as
defined in 10 U.S.C. section 1408(a)(4), as community and marital
property of the member and the spouse is in accordance with the law of
the State of New Mexico.
The Settlement Agreement, which referred to Jo Ann Porter as
"Petitioner" and Kenneth as "Respondent," provided in relevant
part as follows:
II. PROPERTY DECLARATION AND DIVISION:
* * *
B. Community Property. The Community Property of the parties is
hereby divided equally as follows:
1. To the Petitioner, Jo Ann Porter as her sole and separate property:
* * *
(b) One-half of the Air Force Retiree Monthly Pay and benefits, as
more fully defined below;
* * *
2. To the Respondent, Kenneth R. Porter as his sole and separate
property.
* * *
(b) One-half of the Air Force Retiree Monthly Pay, as more fully
defined below;
1 The Final Decree provided: "The Settlement Agreement of the
parties is hereby ratified and made an integral and non-separable
part of this decree, is merged into the decree and shall operate
in every respect as an order and decision of the Court. The
parties are hereby ordered to carry out the terms and provisions
of said Settlement Agreement."
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Last modified: May 25, 2011