- 13 - U.S.C. sec. 1408(c)(1) (2004). Under Colorado law, “vested and matured military retirement pay, which has accrued during all or part of a marriage, constitutes marital property subject to equitable division in a dissolution proceeding.” In re Marriage of Gallo, 752 P.2d 47, 54 (Colo. 1988). Turning to the Amended Order, the Colorado court did not divide petitioner’s military retirement pension, but rather awarded Ms. Warriner “spousal maintenance”. The Colorado court clearly contemplated the division of petitioner’s military retirement pension, as first effectuated in the Final Orders. Additionally, paragraph 6 of the Final Orders awarded Ms. Warriner a $171,575 property settlement as a recovery of wasted marital assets, notably the same amount the Colorado court ultimately awarded Ms. Warriner as alimony in gross8 in paragraph 3b of the Amended Order. However, as expressed in paragraphs 4 and 8 of the Final Orders, the Colorado court found it necessary to provide for direct payments to Ms. Warriner from petitioner’s military retirement pension. The only method available for direct payments to Ms. Warriner was pursuant to 42 U.S.C. section 8 The Colorado court has the discretion to award periodic alimony or alimony in gross (lump-sum alimony). Alimony in gross can only be awarded when special circumstances or a compelling reason necessitates such an award. Carlson v. Carlson, 497 P.2d 1006, 1010 (Colo. 1972). Alimony in gross is not unacceptable per se. Moss v. Moss, 549 P.2d 404, 406 (Colo. 1976). The Colorado court presumably considered the special circumstances of petitioner’s problematic financial history, as explained in paragraphs 4, 8, and 17 of the Final Orders.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011