McGinn v. McGinn

The issue in this appeal is whether the United States Supreme Court’s decision in McCarty v McCarty, 453 US 210; 101 S Ct 2728; 69 L Ed 2d 589 (1981), applies to a divorce judgment entered prior to the decisional date of McCarty, June 26, 1981.

The parties were divorced on April 23, 1976, after 21 years of marriage. The judgment expressly reserved the question of property settlement in anticipation that the parties would eventually reach an agreement. The parties did subsequently agree upon a property settlement which was incorporated into a supplemental divorce judgment entered on December 6,…