Legal Opinion
In Re the Marriage of Miller
Montana Supreme Court
Decided March 26, 1980No. 14636, 14726PublishedCited by 25 opinions
1Opinion of the CourtJustice Shea
Husband, Ronald C. Miller, appeals the orders of the Cascade County District Court which granted the wife a 38.5 percent share in the husband’s military pension and temporary maintenance during the pendency of this appeal.
The husband asserts that his military retirement pay is not a marital asset under Montana’s Uniform Marriage and Divorce Act and in any event, that 10 U.S.C.A. § 1401 et seq., which authorizes payment of his pension, preempts any state law which would permit distribution of a property interest in military retirement pay to the retiree’s spouse.
The primary issue in this…
2Cases cited11 opinions
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- In Re Marriage of FithianCalifornia Supreme Court · 1974
- Ellis v. EllisSupreme Court of Colorado · 1976
- Kruger v. KrugerSupreme Court of New Jersey · 1977
- In Re Marriage of EllisColorado Court of Appeals · 1975
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3Cited by25 opinions
- McCarty v. McCartySupreme Court of the United States · 1981
- Deering v. DeeringCourt of Appeals of Maryland · 1981
- In Re Marriage of GalloSupreme Court of Colorado · 1988
- Robert C. S. v. Barbara J. S.Supreme Court of Delaware · 1981
- Butcher v. ButcherWest Virginia Supreme Court · 1987
20 more not listed; retrieve them via the Exa API.