Sutherland v. Sutherland

MEMORANDUM OPINION

JUSTICE, Chief Judge.

The plaintiffs in this civil action, one of whom is Vernon Sutherland (“Vernon”), seek to set aside or enjoin that portion of an August 31, 1971, state court divorce decree that awarded his ex-wife, defendant Hazel Sutherland (“Hazel”), one-half of his United States Naval Fleet Reserve retainer pay. See 10 U.S.C. § 6330. Vernon contends that that portion of the divorce decree violates the Supremacy Clause of the federal Constitution, Art. VI, cl. 2, relying principally upon the recent Supreme Court holding in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct.…