- 8 - vested or nonvested, payable in a lump sum or over a period of time and only as such benefits are payable. * * * H. Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties pursuant to sections 20-109 and 20-109.1. Va. Code Ann. section 20-109.1 (Michie 1986), empowers a court to affirm, ratify, or incorporate by reference into a final order any valid agreement by the parties. Aster v. Gross, 371 S.E.2d 833, 837-838 (Va. Ct. App. 1988); Parra v. Parra, 336 S.E.2d 157, 163 (Va. Ct. App. 1985). The decree in this case incorporated the agreement of the parties dividing the military retirement pay of petitioner’s former husband. From the language of the agreement, it is clear that the parties intended petitioner to “be owner of, and receive, one-half of husband’s disposable retired or retainer pay”. The court had the authority to enforce this agreement, and nothing in the USFSPA or Virginia law prevents petitioner from receiving as separate property the right to one-half of her former husband’s military retired pay if the parties so agree. See 10 U.S.C. sec. 1408; Va. Code Ann. secs. 20-107.3(H) and 20- 109.1 (Michie 1986); Aster v. Gross, supra; Parra v. Parra, supra. Indeed, the court must incorporate such an agreement in the decree. Parra v. Parra, supra. The cases relied on by petitioner, Gamble v. Gamble, 421 S.E.2d 635 (Va. Ct. App. 1992), Williams v. Williams, 354 S.E.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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