Powers v. Powers

Respectfully, I dissent.

Robert Powers adequately made his record below and his contentions have merit. Respondent conceded during oral argument that New York law governs the characterization of Robert’s disability benefits. The character of marital property does not change because a husband and wife move to another jurisdiction. Restatement (Second) of Conflict of Laws § 259 (1971). The law of the domiciliary state at the time property is acquired controls its characterization as either separate or community property. See Choate v. Ransom, 74 Nev. 100, 323 P.2d 700 (1958). The domicile at the…