Holcomb v. Smith

May a divorce decree incorporating an agreement that the husband pay to the wife one-half of his monthly military retirement pay be modified upon petition of the husband upon remarriage of the wife?

The trial court held such payment to be periodic alimony and terminated it because of the remarriage of the former wife. We affirm

The parties were married for twenty-six years. The husband retired from the Navy in 1967, after twenty years of service During his military career, the family lived in California, Pennsylvania, Florida, Georgia and Alabama, with the majority of time spent in California.…