Gay M. Pfister - Page 8

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               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.2d            

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