Federal Law Preempts State Treatment of Military Retirement Benefits as Community Property
Date
1982
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract
Discusses the issue of community interest in military retirement benefits. In the present case, the Supreme Court held that federal legislation creating military retirement benefits preempted any application of state community property laws that would apportion military retirement pay upon divorce. The author notes how case law has resolved this issue by finding that military retirement benefits were the retired service member’s separate property and concludes that if anyone wants change, it would be up to Congress to change the law.
Description
Keywords
Community property, Military retirement benefits, Federal preemption, Military personnel, McCarty v. McCarty, Case note
Citation
13 Tex. Tech L. Rev. 212