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ALLSBURY v. ALLSBURY

Record No. 2061-99-4.

533 S.E.2d 639 (2000)

33 Va. App. 385

Thomas C. ALLSBURY v. Bettina ALLSBURY, n/k/a Bettina Robinson.

Court of Appeals of Virginia, Alexandria.

September 5, 2000.

Attorney(s) appearing for the Case

John S. Petrillo (Schwartz & Ellis, Ltd., on brief), Arlington, for appellant.

Susan Massie Hicks, Fairfax, (Steve W. Grist, Alexandria; Hicks & Havrilak, P.C., Fairfax, on brief), for appellee.

Present: ELDER, ANNUNZIATA and FRANK, JJ.

FRANK, Judge.

Thomas C. Allsbury (husband) appeals an order of the trial court holding that Bettina Allsbury's (wife) share of his State Department pension did not terminate upon her remarriage prior to the age of fifty-five. On appeal, husband contends 22 U.S.C. § 4054 disqualifies wife from receiving a share of the benefits because she remarried prior to attaining the age of fifty-five. Wife cross-appeals, contending the trial court erred in not awarding her...

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