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Background
Petitioner resided in Germany at the time the petition was
filed.
On December 15, 1956, petitioner married Robert E. Mooney
(ex-husband) in Dale City, California. Subsequent to their
marriage, ex-husband served in the U.S. Armed Forces. On
February 26, 1979, petitioner and ex-husband entered into an
agreement styled “Separation Agreement” (the agreement), which
agreement was occasioned by their separation and desire to live
apart. Among other things, the agreement states that the parties
thereto desire to determine property and other rights growing out
of their marriage. In pertinent part, the agreement provides:
15. MILITARY RETIREMENT PENSION: The Husband agrees
to pay to the Wife her community property interest in
his military retirement pension upon receipt thereof.
The Wife’s interest shall be determined by taking one-
half (�) of a fraction of the military retirement
pension, which fraction shall have as its numerator the
number of years that the Husband and Wife were married
during the Husband’s service on active duty and as its
denominator the total number of years of active duty
upon which the Husband’s retirement benefits are based;
* * *
On August 24, 1979, petitioner and ex-husband entered into
an agreement styled “Addendum to Separation Agreement” (the
addendum), which, in pertinent part, states the following:
6. The Petitioner Wife hereby waives any claim to
spousal support from the Respondent Husband having been
advised that by such a waiver, spousal support is
forever resolved and she may not later request the
Court for any allowance of spousal support from the
Respondent Husband. This waiver in no way waives the
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Last modified: May 25, 2011