Hill v. Hill

On 11 September 1981, Case No. 19, Hill v. Hill, and Case No. 31, Rauth (Myers) v. Rauth, were argued before this Court. We shall consider these cases together because they both present the common question whether, under the Supremacy Clause of the United States Constitution, 1 upon dissolution of a marriage, federal law 2 precludes the division of military retired pay pursuant to Md. Code (1974, 1980 Repl. Vol.) § 3-6A-01 (e) and § 3-6A-05 (a) and (b) of the Courts and Judicial Proceedings Article, effective 1 January 1979. Section 3-6A-01 (e) provides in pertinent part:

" 'Marital property’…