Legal Opinion

In Re Marriage of Kuzmiak

California Court of Appeal

Decided January 27, 1986No. B003410PublishedCited by 15 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

GILBERT, J.

Husband Michael A. Kuzmiak appeals the order of the trial court finding that the division of his Air Force separation pay is community property. (10 U.S.C. § 1174. 1 We reverse the order and hold that although the trial court had jurisdiction to divide the assets of the marriage, husband’s military separation pay is his separate property unless he applies for military longevity retirement.

*

Facts

Husband enlisted in the United States Air Force in New Jersey on May 6, 1966. He married Patricia A. Kuzmiak four months later. The parties moved under military orders to Texas the…

2Cases cited12 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. In Re Marriage of BrownCalifornia Supreme Court · 1976
  3. Brown v. BrownCalifornia Supreme Court · 1976
  4. In Re Marriage of StenquistCalifornia Supreme Court · 1978
  5. In Re Marriage of GillmoreCalifornia Supreme Court · 1981

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

3Cited by15 opinions

  1. In Re Marriage of LehmanCalifornia Supreme Court · 1998
  2. Abernethy v. FishkinDistrict Court of Appeal of Florida · 1994
  3. In Re the Marriage of CrawfordCourt of Appeals of Arizona · 1994
  4. In Re the Marriage of HeupelSupreme Court of Colorado · 1997
  5. In Re Marriage of HornCalifornia Court of Appeal · 1986

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

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