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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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