CASEY v. CASEY

No. 10-P-643.

79 Mass. App. Ct. 623 (2011)

DEANNE E. CASEY v. MICHAEL S. CASEY.

Appeals Court of Massachusetts, Middlesex.

June 7, 2011.


Attorney(s) appearing for the Case

Jacqueline Y. Parker for Deanne E. Casey.

Joyce G. Perocchi for Michael S. Casey.

Present: COHEN, MILLS, & HANLON, JJ.


HANLON, J.

The primary issue before us is whether, on the facts of this case, the husband's military retirement pay should have been treated as a marital asset subject to division. The wife appeals from a February, 2009, judgment of divorce, arguing that the judge erred in treating the husband's military pension as income, and that the judge's findings of fact related to property division and child support were not supported by the

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