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ALLEN v. ALLEN

No. 94-01386.

650 So.2d 1019 (1994)

Hoyt D. ALLEN, Appellant, v. Connie S. ALLEN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 8, 1995.

Attorney(s) appearing for the Case

W. Dale Gabbard of Guito & Gabbard, Tampa, for appellant.

James R. Kennedy, Jr., St. Petersburg, for appellee.

DANAHY, Acting Chief Judge.

The appellant (the husband) challenges an order awarding the appellee (the wife) $750 per month temporary alimony because it was computed by considering the husband's military retirement pay consisting principally of disability payments. The husband argues that federal law prohibits a state court from awarding alimony to a spouse which is determined by and payable from military retirement pay which has been designated as disability. We...

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