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· 10/5/2023

Matter of C. S. (Donte S.)

Citations

  • 2023 NY Slip Op 05048

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Congress must affirmatively grant authority to permit state courts to divide military retirement pay
  • holding that military retirement pay that had been waived by former husband to receive veterans’ disability benefits was not community property divisible upon divorce
  • holding that the USFSPA did “not grant state courts the power to treat as property divisible upon divorce military retirement pay that has been waived to receive veterans’ disability benefits”
  • holding that the USFSPA did \not grant state courts the power to treat as property divisible upon divorce military retirement pay that has been waived to receive veterans' disability benefits\
  • holding that federal law preempted and precluded state law division of VA disability retirement pay as marital property
  • holding that state courts are prohibited from dividing military retirement pay waived in favor of military disability benefits.

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.