Federal Law Preempts State Treatment of Military Retirement Benefits as Community Property

Date

1982

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