Legal Opinion

Smith v. Henley

Superior Court of The Virgin Islands

Decided December 15, 2016No. Family No. ST-14-DI-88PublishedCited by 3 opinions

1Opinion of the CourtHinds Roach, Judge

MEMORANDUM OPINION

(December 15, 2016)

THIS MATTER came before this Court on March 9, 2016 for a Final Hearing pursuant to Stanley D. Smith’s (Mr. Smith) Complaint for Divorce, filed July 10, 2014.

This Court vacated an earlier Opinion and Order on this case, issued on August 17, 2016 and August 18, 2016, respectively.2

The Court finds that pension and retirement benefits earned during a marriage constitute marital property in the Virgin Islands. Distribution of marital property must be equitable, as dictated by statute. Therefore, the Court will equitably apportion Mr. Smith’s retirement…

2Cases cited105 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. Banks v. International Rental & Leasing Corp.Supreme Court of The Virgin Islands · 2011
  3. In Re the Marriage of SullinsSupreme Court of Iowa · 2006
  4. In Re Marriage of GillmoreCalifornia Supreme Court · 1981
  5. Cross v. CrossWest Virginia Supreme Court · 1987

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3Cited by3 opinions

  1. Willie v. Amerada Hess Corp.Superior Court of The Virgin Islands · 2017
  2. Chaput v. ScafidiSuperior Court of The Virgin Islands · 2017
  3. Davis v. Dawgs of St. John Inc., d/b/a Sun Dog CafeDistrict Court, Virgin Islands · 2022

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