IN RE LOWELL

No. 2 CA-CV 91-0109.

171 Ariz. 462 (1991)

831 P.2d 838

In re the Marriage of Lavina J. LOWELL, Petitioner/Appellee, and Jerry John Lowell, Respondent/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Rehearing Dismissed June 29, 1992.


Attorney(s) appearing for the Case

Dickerson and Rheinheimer by Timothy B. Dickerson, Sierra Vista, for petitioner/appellee.

Riley, Hoggatt & Suagee by Mark A. Suagee, Sierra Vista, for respondent/appellant.


OPINION

LIVERMORE, Chief Judge.

The parties were married in 1964; that marriage was dissolved in 1991 at a time when the husband had already retired from his federal civil service employment. It is agreed that the wife is entitled to 37% of the husband's federal retirement benefits. At issue in this appeal is whether the trial court erred in awarding the wife the survivorship benefit provided by 5 U.S.C. § 8341. We affirm.

As we understand the...

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