- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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