Legal Opinion

In Re Marriage of Carpenter

California Court of Appeal

Decided November 21, 1986No. A028500PublishedCited by 4 opinions

1Opinion of the Court

Opinion

SCOTT, Acting P. J.

Donald Carpenter (husband) and Hye-Suk Carpenter (wife) executed a marital settlement agreement which included a provision confirming that husband’s military retirement benefits were his separate property. The agreement was incofporated by reference into a final judgment of dissolution entered in September 1982. In July 1984, the trial court granted wife’s request for division of those retirement benefits pursuant to Civil Code section 5124. Husband’s principal contention in this appeal is that the application of section 5124 unconstitutionally impairs his contract…

2Cases cited26 opinions

  1. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  2. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
  3. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  4. McCarty v. McCartySupreme Court of the United States · 1981
  5. In Re Marriage of BouquetCalifornia Supreme Court · 1976

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3Cited by4 opinions

  1. Armijo v. MilesCalifornia Court of Appeal · 2005
  2. Barnes v. BarnesCalifornia Supreme Court · 1987
  3. Kohan v. CohanCalifornia Court of Appeal · 1988
  4. Janish v. TrearseCalifornia Court of Appeal · 1987

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