Ramsey v. Ramsey

I am unable to agree with the majority’s position that Lloyd Ramsey’s military retirement pay should be treated as a community asset. This issue is one of first impression before this Court. I am aware that other community property states have wrestled with this issue and reached a contrary conclusion.1 Although case law from our sister states is persuasive, it is by no means binding upon this Court.

This dissent is founded on the premise that the area of military retirement pay has been preempted by federal law, and under the supremacy clause of the United States Constitution,2 state law…