Legal Assistance Items, August 1980




Alvarey, Joel R.
Fowler, Joseph C.
Huffman, Walter B.

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A Maryland equity court can enforce an alimony decree of another state using the same equitable remedies and sanctions it would use to enforce a decree it had entered in the first instance. The Oregon Court of Appeals declined to hold that retirement benefits are per se marital property to be divided at the time of divorce. Divorces may be granted in Pennsylvania without proof of fault or finding of marital misconduct, and the courts are empowered to award alimony. An ex-spouse in Minnesota was awarded money in the divorce for helping finance her husband’s medical education. Delaware’s new statute allowing for a divorce without a showing of mutual fault still requires a showing of mutuality of incompatibility. New Jersey allows a properly conducted Human Leucocyte Antigen (HLA) test to be admissible in proving paternity. A nonemployee ex-spouse must have the option during divorce of receiving his or her part of the division of a military retirement pension before actual retirement. Military retirement pay is an asset divisible upon divorce.



legal assistance, alimony, URESA, divorce, retirement benefits, marital property, alimony, no-fault divorce, mutuality of incompatibility, paternity, human leucocyte antigen, HLA, military


Major Joel R. Alvarey, Major Joseph C. Fowler, & Major Walter B. Huffman, Legal Assistance Items, 1980 Army Law. 25 (Aug. 1980).