- 3 - death, regardless of her marital status. Both petitioner and Mr. Mozley were represented by counsel during the course of their divorce proceedings. The District Court of Pitt County, North Carolina (the district court), adopted the agreement as part of its April 19, 1983, Judgment and Order (the April 1983 Judgment). The portions of the April 1983 Judgment, as relevant to the issue before us, provide as follows: 8. In full and final settlement of all claims existing between the parties, and in particular, in full and final settlement of any claims that the plaintiff [petitioner] may have against the defendant [Mr. Mozley] for alimony pendente lite, alimony, and attorney’s fees, and as a full and final property and marital settlement resolving all issues between the parties including equitable distribution of marital property, the parties do hereby stipulate, agree, contract, and pray that the court order and enter as its mandate, the following: * * * * * * * (i) The defendant shall pay to the plaintiff as alimony a sum equal to 22 percent of his salary that he actually receives other than the retired/retainer pay that he receives by virtue of his retirement from the United States Navy. * * * * * * * * * * (l) * * * As additional alimony, the plaintiff shall receive a portion of the defendant’s retired/retainer pay that he receives by virtue of his previous military service. * * * The remaining pay * * * shall be divided equally between the parties. The portion of this pay allotted to the plaintiff * * * shallPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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