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Document summary:
The wife claimed that the trial court was preempted by federal law from using the net present-value method to distribute her pension. The appeals court disagreed, however, noting that this federal preemption had been removed by the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. 1408, which allows state courts to apply state laws in determining whether military retired or retainer pay is divisible in a dissolution of marriage action. A preemption still exists as to disability retirement pay, however, and thus a state court was and is precluded from dividing a veteran's disability retirement pay as marital property.
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