In Re Marriage of Stephens

Clarence K. Stephens (hereinafter Husband) filed a petition for dissolution of marriage on March 30, 1981, in the Superior Court of California, County of Stanislaus. The petition indicated a date of marriage of June 14, 1952, and a date of separation of February 20, 1981.

Lahoma Stephens (hereinafter Wife) filed her response dated March 31, 1981. Said response listed as a community asset, inter alia, Husband’s “Retirement benefits from the U.S. Air Force . . . .”

On June 4,1981, a marriage settlement agreement was filed by the parties, in which they stipulated, among other things, to the following: (1) Husband agreed to pay to Wife as spousal support the sum of $500 per month until Wife remarried; (2) Wife does not own any separate property; (3) Husband does not own any separate property; (4) an agreement regarding Husband’s federal pension rights as follows: “At this time, Husband receives Federal Retirement Benefits deriving from his prior employment by Department of the Air Force United States Government.

“At the time of execution of this agreement, husband and wife agree that the United States Supreme Court in re Marriage of McCarty [Oct. 16, 1980, cert, granted]…