Legal Opinion

In Re the Marriage of MacDonald

Washington Supreme Court

Decided November 21, 1985No. 51224-8PublishedCited by 42 opinions

1Opinion of the CourtDurham, J.

The primary issue raised in this appeal is if the Uniformed Services Former Spouses' Protection Act applies to the division of "military retired pay" in this dissolution decree. This decree was filed during the period in which McCarty v. McCarty, 453 U.S. 210, 69 L. Ed. 2d 589, 101 S. Ct. 2728 (1981) prohibited the division of military retired pay, but was on appeal when the protection act, which allows the division of military retired pay, was enacted. We hold that the protection act does apply and we remand the case to the trial court for reconsideration.

The MacDonalds were married on…

2Cases cited22 opinions

  1. Lynch v. United StatesSupreme Court of the United States · 1934
  2. McCarty v. McCartySupreme Court of the United States · 1981
  3. Godfrey v. WashingtonWashington Supreme Court · 1975
  4. Cameron v. CameronTexas Supreme Court · 1982
  5. In Re the Marriage of WashburnWashington Supreme Court · 1984

17 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Haberman v. Washington Public Power Supply SystemWashington Supreme Court · 1988
  2. In Re F.D. Processing, Inc.Washington Supreme Court · 1992
  3. State v. HenningsWashington Supreme Court · 1996
  4. State v. HenningsWashington Supreme Court · 1996
  5. Lawson v. StateWashington Supreme Court · 1986

37 more not listed; retrieve them via the Exa API.

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