Massachusetts Supreme Judicial Court April 2, 2003 (Krapf v. Krapf)

Marshall, CJ.

Albert H. Krapf (defendant) appealed from a declaratory judgment ordering him to pay to his former spouse, Constance E. Krapf (plaintiff), an amount equal to the military pension income she would have received pursuant to the parties’ separation agreement (agreement) had the defendant, after the divorce, not voluntarily and without the plaintiff’s consent waived his military