Legal Opinion
In Re Marriage of Nizenkoff
California Court of Appeal
Decided December 21, 1976No. Civ. 38183PublishedCited by 22 opinions
1Opinion of the Court
Opinion
TAYLOR, P. J.
On this appeal by the husband 1 from a portion of an interlocutory decree of dissolution, 2 the only question is whether the trial court properly concluded that the wife’s interest in her federal social security old age and survivor’s benefits was her separate property. The question is one of first impression. We have concluded that an affirmance is mandated by 42 United States Code Annotated, section 1304, as interpreted in Flemming v. Nestor, 363 U.S. 603 [4 L.Ed.2d 1435, 80 S.Ct. 1367], and the fact that any other result would interfere with the statutory scheme of the…
2Cases cited21 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Flemming v. NestorSupreme Court of the United States · 1960
- Weinberger v. WiesenfeldSupreme Court of the United States · 1975
- Richardson v. BelcherSupreme Court of the United States · 1971
- In Re Marriage of BrownCalifornia Supreme Court · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- Olson v. OlsonNorth Dakota Supreme Court · 1989
- Wolff v. WolffNevada Supreme Court · 1996
- Umber v. UmberSupreme Court of Oklahoma · 1979
- In Re Marriage of HillermanCalifornia Court of Appeal · 1980
17 more not listed; retrieve them via the Exa API.