 | 1. Divorce Source: Cases of Interest: Federal Preemption
Case law and analysis of divorce cases related to federal preemption. Visit Other Cases of Interest
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100.0%
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| | 2. Divorce Source: UNDIVIDED MILITARY PENSIONS - FEDERAL PREEMPTION
(©1998) The law regarding the division of military retirement benefits has changed radically over the past two decades. In McCarty v. McCarty, 453 U.S. 210 1981, the United States Supreme Court held that
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58.8%
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| | 3. Divorce Source: EMPLOYEE BENEFITS - FEDERAL PREEMPTION
(©1997) The law of domestic relations traditionally lies solely within the realm of the states, but over the last two decades the United States Supreme Court has repeatedly held, in different contexts, that
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58.8%
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| | 4. Divorce Source: RETIREMENT BENEFITS AND FEDERAL PREEMPTION ISSUES
(©1996) Almost all private retirement plans are regulated by the Employee Retirement Income Security Act ERISA, 29 U.S.C. 1001 et seq. ERISA includes an antiassignment provision which precludes employees from
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58.8%
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| | 5. Divorce Source: SOCIAL SECURITY BENEFITS AND EQUITABLE DISTRIBUTION
(©1998) The court decided, as a threshold matter, that federal law regarding Social Security benefits preempts state community property law.
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5.9%
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| | 6. Divorce Source: QDRO THIRD-PARTY INTERESTS
(©1998) A domestic relations order in a dissolution action is not qualified if it provides the nonemployee spouse with the right to name a successor in interest to receive his or her share of undistributed
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5.9%
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| | 7. Divorce Source: Social Security Issues
(©1997) Federal law precludes Social Security benefits from being divided or given any consideration when dividing property upon divorce, according to the Nevada Supreme Court.
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5.9%
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| | 8. Divorce Source: SOCIAL SECURITY - TRANFER OR ASSIGNMENT OF SUCH BENEFITS
(©1997) Social Security benefits paid to the wife could not be classified as marital property in view of the Social Security Acts antialienation provision.
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5.9%
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| | 9. Divorce Source: Consideration of Future Social Security
(©1997) A wifes share of her husbands pension should not have been reduced by considering her future Social Security benefits, the Nevada Supreme Court held. Federal law prohibits distribution of Social Security
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5.9%
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| | 10. Divorce Source: ASSETS ACQUIRED WITH VETERANS' DISABILITY BENEFITS
(©1996) Although veterans disability benefits are the separate property of the veteran, property purchased with those funds during marriage is jointly acquired property divisible upon divorce
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5.9%
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