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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 * * * shall
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