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BANAGAN v. BANAGAN

Record No. 0879-92-1.

437 S.E.2d 229 (1993)

Jerald Douglas BANAGAN v. Brenda Swain BANAGAN.

Court of Appeals of Virginia.

November 23, 1993.

Attorney(s) appearing for the Case

Morris H. Fine, Virginia Beach (Fine, Fine, Legum & Fine, on brief), for appellant.

Debra C. Albiston, Norfolk (Weinberg & Stein, on brief), for appellee.

Present: WILLIS, ELDER and BRAY, JJ.

BRAY, Judge.

Brenda Swain Banagan (wife) and Jerald Douglas Banagan (husband) were divorced by decree of the trial court dated December 28, 1990. However, on motion of the parties, the trial court expressly retained jurisdiction to "adjudicate the remedy" provided by Code § 20-107.3 and subsequently awarded the wife ten percent of the husband's monthly retirement benefits "for as long as such benefit is paid." Both parties find this determination in error, and...

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