Legal Opinion

In Re Marriage of Milhan

California Supreme Court

Decided December 12, 1974No. L.A. 30298PublishedCited by 17 opinions

1Opinion of the Court

BURKE, J. *

In this case we determine the extent to which the trial court in a marriage dissolution proceeding may exercise jurisdiction over a National Service Life Insurance policy issued to one of the parties but paid for with community property funds, We conclude that, in view of federal law protecting an insured’s interest in and control over such military policies, the trial court is without authority to divest the insured of such interest or control. Specifically, the court may not award the policy to the other spouse, may not deprive the insured of his right to change the beneficiary…

2Cases cited9 opinions

  1. Wissner v. WissnerSupreme Court of the United States · 1950
  2. In Re Marriage of FithianCalifornia Supreme Court · 1974
  3. Phillipson v. Board of Administration, Public Employees' Retirement SystemCalifornia Supreme Court · 1970
  4. Grimm v. GrimmCalifornia Supreme Court · 1945
  5. Waite v. WaiteCalifornia Supreme Court · 1972

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3Cited by17 opinions

  1. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  2. Stone v. StoneDistrict Court, N.D. California · 1978
  3. Ramsey v. RamseyIdaho Supreme Court · 1975
  4. In Re Marriage of SheldonCalifornia Court of Appeal · 1981
  5. In Re Marriage of HopkinsCalifornia Court of Appeal · 1983

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