Legal Opinion

Ex Parte Smallwood

Supreme Court of Alabama

Decided July 13, 2001No. 1000343PublishedCited by 7 opinions

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

  1. Mansell v. MansellSupreme Court of the United States · 1989
  2. Casas v. ThompsonCalifornia Supreme Court · 1986
  3. Deliduka v. DelidukaCourt of Appeals of Minnesota · 1984
  4. Ex Parte BilleckSupreme Court of Alabama · 2000
  5. Beesley v. BeesleyIdaho Supreme Court · 1988

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3Cited by7 opinions

  1. Mobile Infirmary Medical Center v. HodgenSupreme Court of Alabama · 2003
  2. Willow Lake Resi. Asso. v. Juliano, 2081099 (ala.civ.app. 8-27-2010)Court of Civil Appeals of Alabama · 2010
  3. Mobile Infirmary Ass'n v. TylerSupreme Court of Alabama · 2007
  4. Walls v. Hicks (In re Hicks)United States Bankruptcy Court, M.D. Florida · 2015
  5. Harmand v. HarmandCourt of Civil Appeals of Alabama · 2005

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