Yourko v. Yourko, 884 S.E.2d 799, 800 (2023)
Mar 30, 2023OUTCOME: Court of appeals' decision reversed. Circuit court's decision dismissing motion to amend reinstated.
Indemnification provisions in a separation agreement did not violate federal law because it could not have been interpreted as requiring the husband to use any of his military disability pay to indemni ... fy the wife as the husband's income far exceeded the amount necessary to indemnify the wife even if the totality of his military retirement pay was excluded, and the agreement did not dictate the source of the indemnification payments. The husband was free to satisfy his obligations to his former wife by using other available assets. Federal law does not prevent a husband and wife from entering into an agreement to provide a set level of payments, the amount of which was determined by considering disability benefits as well as retirement benefits.
