Legal Opinion

In Re Marriage of Daniels

California Court of Appeal

Decided October 31, 1986No. E002245PublishedCited by 2 opinions

1Opinion of the Court

Opinion

KAUFMAN, Acting P. J.

Husband Melvin W. Daniels appeals from the trial court’s order awarding wife Alice D. Daniels 47.3 percent of husband’s military retirement/disability benefits and 50 percent of his U.S. Civil Service retirement/disability benefits. Husband contends that military and civil service benefits earmarked for disability are not community property under California and federal law. In the event we conclude wife is entitled to a share of these benefits, husband argues the percentages awarded are incorrect and the trial court improperly included in the award retroactively…

2Cases cited14 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. In Re BurrusSupreme Court of the United States · 1890
  3. Viner v. UntrechtCalifornia Supreme Court · 1945
  4. In Re Marriage of StenquistCalifornia Supreme Court · 1978
  5. Martin v. KehlCalifornia Court of Appeal · 1983

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3Cited by2 opinions

  1. Davis v. DavisKentucky Supreme Court · 1989
  2. Marriage of Strong v. StrongMontana Supreme Court · 2000

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