ANDREWS v. ANDREWS

No. 88-P-930.

27 Mass. App. Ct. 759 (1989)

543 N.E.2d 31

ANTHONY JOSEPH ANDREWS vs. ROBIN LEE ANDREWS.

Appeals Court of Massachusetts, Middlesex.

September 8, 1989.


Attorney(s) appearing for the Case

Nonnie S. Burnes (Daniel T. Heffernan with her) for Robin Lee Andrews.

Spencer M. Kagan (Nancy G. O'Donnell with him) for Anthony Joseph Andrews.

Jamie Ann Sabino & David Hoffman for Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

Present: DREBEN, KAPLAN, & KASS, JJ.


DREBEN, J.

The question before us is whether a Probate Court judge may, in his discretion, treat a husband's military pension as a "stream of income" to be used as a source of alimony rather than as a capital asset to be equitably divided. We hold that there was no abuse of discretion in not dividing the pension and affirm the judgment.

We take our facts from the judge's findings. In February, 1986, after twenty-five years of marriage, the husband filed a...

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