Legal Opinion

Butcher v. Butcher

West Virginia Supreme Court

Decided April 2, 1987No. 16705PublishedCited by 38 opinions

1Opinion of the Court

MILLER, Justice:

The primary issue presented in this appeal is whether military nondisability retirement benefits can be considered for alimony and child support purposes and as marital property subject to equitable distri bution in a divorce proceeding. A secondary issue involves whether the circuit court abused its discretion in awarding only temporary rehabilitative alimony. The circuit court concluded that military retirement benefits were exempt, and we find this to be error. The circuit court also erred in awarding only temporary rehabilitative alimony.

The procedural history of the case…

2Cases cited56 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. In Re Marriage of BrownCalifornia Supreme Court · 1976
  3. LaRue v. LaRueWest Virginia Supreme Court · 1983
  4. Cameron v. CameronTexas Supreme Court · 1982
  5. Deering v. DeeringCourt of Appeals of Maryland · 1981

51 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Cross v. CrossWest Virginia Supreme Court · 1987
  2. Cohen v. CohenTennessee Supreme Court · 1996
  3. Bender v. BenderSupreme Court of Connecticut · 2001
  4. Bettinger v. BettingerWest Virginia Supreme Court · 1990
  5. In Re Marriage of GalloSupreme Court of Colorado · 1988

33 more not listed; retrieve them via the Exa API.

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