Legal Opinion
Crete v. Crete
Massachusetts Appeals Court
Decided November 21, 1990No. 89-P-600PublishedCited by 1 opinion
1Opinion of the CourtDreben, J.
The question before us is whether a probate judge erred in dismissing the wife’s complaint for the division of a military pension where her divorce became final after the June 26, 1981 decision in McCarty v. McCarty, 453 U.S. 210, 223, but before the effective date, February 1, 1983, of the Uniformed Services Former Spouses’ Protection Act (Act). Public Law 97-252, codified in 10 U.S.C. § 1408 (1988). McCarty precluded, because of Federal preemption,1 the division as community property of military pay and, by implication, precluded equitable division of this asset. See Marriage of Miller, 187…
2Cases cited16 opinions
- McCarty v. McCartySupreme Court of the United States · 1981
- Davidson v. DavidsonMassachusetts Appeals Court · 1985
- Smith v. SmithDelaware Family Court · 1983
- Castiglioni v. CastiglioniNew Jersey Superior Court Appellate Division · 1984
- In Re the Marriage of WatersMontana Supreme Court · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- D.L. v. G.L.Massachusetts Appeals Court · 2004