Ex Parte Smallwood
Supreme Court of Alabama
1Opinion of the Court
This case presents an issue of first impression in this state: Does the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408, prohibit the courts of this state from awarding greater than 50 percent of a military retiree's retirement pay to the other spouse as part of a division of marital property in a domestic-relations proceeding?
Kathleen M. Smallwood and Frederick K. Smallwood were married for 29 years. The husband is a retired Navy captain and is employed by a private corporation, from which he receives a salary and retirement benefits that are in addition to his military…
2Cases cited10 opinions
- Mansell v. MansellSupreme Court of the United States · 1989
- Casas v. ThompsonCalifornia Supreme Court · 1986
- Deliduka v. DelidukaCourt of Appeals of Minnesota · 1984
- Ex Parte BilleckSupreme Court of Alabama · 2000
- Beesley v. BeesleyIdaho Supreme Court · 1988
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3Cited by7 opinions
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- Mobile Infirmary Ass'n v. TylerSupreme Court of Alabama · 2007
- Walls v. Hicks (In re Hicks)United States Bankruptcy Court, M.D. Florida · 2015
- Harmand v. HarmandCourt of Civil Appeals of Alabama · 2005
2 more not listed; retrieve them via the Exa API.