Doris Neill Mozley - Page 8




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         division or distribution by a court.1  See N.C. Gen. Stat. secs. 50-         
         20(b)(2), 50-20(a) (1981).  Thus, as applicable to the instant               
         situation, even though the district court lacked authority to order          
         a division of Mr. Mozley’s military retirement pay, Mr. Mozley had           
         the ability to divide his retirement payments with petitioner; and           
         in fact, he agreed to do so pursuant to paragraph 8(l) of the                
         agreement.                                                                   
              On the basis of the clear and unambiguous language of the               
         agreement and amended agreement, we conclude that the payments to            
         petitioner should be characterized as alimony.  We reach this                
         conclusion based on the following. First, the agreement                      
         characterizes the payments in question as “alimony” and contains             
         other provisions that specifically relate to the division of the             
         parties’ property.2  Second, the agreement specifically provides             
         that the payments in question are “intended to be payments of                
         alimony”.  Third, the agreement specifically states that the                 


               1    After the entry of petitioner’s divorce, North Carolina           
          amended its law, effective Aug. 1, 1983, to treat military                  
          retirement pension as marital property, thus subjecting military            
          retirement to a Court’s equitable distribution authority. See               
          N.C. Gen. Stat. sec. 50-20 (1999); Morris v. Morris, 339 S.E.2d             
          424 (N.C. Ct. App. 1986).                                                   
               2    We are mindful that par. 8(l), which refers to the                
          payment of one-half of Mr. Mozley’s military retirement payments            
          as “additional alimony” to petitioner, closely followed par.                
          8(i), which discusses “alimony”.  Reading these paragraphs in               
          tandem supports our conclusion that the payments at issue                   
          constitute alimony.                                                         






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