Legal Opinion

In Re Marriage of Musser

Appellate Court of Illinois

Decided April 18, 1979No. 15012PublishedCited by 34 opinions

1Opinion of the CourtJustice Mills

Is a military retirement pension “marital property” under the Illinois Marriage and Dissolution of Marriage Act?

In short — yes.

We reverse.

Margaret and James Musser were married in England on November 24, 1956, while James was in military service. As a result of his service from December 22,1954, to January 1,1975, he annually receives military retirement pay of *6,335.80. On January 6, 1978, Margaret sought a dissolution of the marriage.

At the time of the dissolution hearing, their daughter was 19 and married and their son was 18 and in high school. James was employed as an automobile salesman…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  2. United States v. YazellSupreme Court of the United States · 1966
  3. In Re Marriage of FithianCalifornia Supreme Court · 1974
  4. Buchanan v. AlexanderSupreme Court of the United States · 1845
  5. Mora v. MoraCourt of Appeals of Texas · 1968

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

3Cited by34 opinions

  1. In Re Marriage of HuntAppellate Court of Illinois · 1979
  2. In Re Marriage of GalloSupreme Court of Colorado · 1988
  3. In re the Marriage of GrubbSupreme Court of Colorado · 1987
  4. In Re Marriage of SchisselSupreme Court of Iowa · 1980
  5. In Re Marriage of PieperAppellate Court of Illinois · 1979

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

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