LEWIS v. LEWIS

No. 864DC186.

350 S.E.2d 587 (1986)

83 N.C. App. 438

Sylvia G. LEWIS v. Floyd C. LEWIS.

Court of Appeals of North Carolina.

December 2, 1986.


Attorney(s) appearing for the Case

Charles William Kafer, Barker, Kafer & Mills, New Bern, for plaintiff-appellee.

Bell & Collins by Hiram C. Bell, Jr., and George L. Collins, Jacksonville, for defendant-appellant.


COZORT, Judge.

Appellant's assignments of error raise the question of whether the trial court properly calculated and awarded to the wife a percentage of the husband's military pension in this equitable distribution action. We affirm the trial court's award to the wife of a sum equal to 35 percent of the gross amount of the defendant's military retirement pay, not to exceed 50% of the defendant's disposable retired or retainer pay, payable in monthly installments...

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