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VILLASENOR v. VILLASENOR

No. 2 CA-CIV 4119.

134 Ariz. 476 (1982)

657 P.2d 889

Gloria VILLASENOR, Petitioner/Appellee, v. Hector M. VILLASENOR, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 6, 1982.

Review Denied November 16, 1982.

Attorney(s) appearing for the Case

Southern Arizona Legal Aid, Inc., by Joyce Edline Holsey, Tucson, for petitioner/appellee.

Whitehill, Karp & West, P.C., by Annette M. Everlove, Tucson, for respondent/appellant.

OPINION

BIRDSALL, Judge.

The question raised in this appeal is whether post-dissolution benefits from a federal Civil Service disability retirement annuity, payable under 5 U.S.C. § 8337, are subject to distribution as community property in a marriage dissolution. The court below concluded that the appellee had a community interest in the appellant's annuity, and ordered that she receive $204.70 per month from his $538.00 monthly benefits.

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