[DOWNLOAD] "Robert H. Butcher v. Opal I. Butcher" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free
eBook details
- Title: Robert H. Butcher v. Opal I. Butcher
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 02, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
1. Military nondisability retirement benefits as set out in 10 U.S.C. § 1408 are subject to alimony and child support payments under W.Va. Code, 48-2-15(j) (1984), and are marital property subject to division under our equitable distribution statute. W.Va. Code, 48-2-32(j) (1984). 2. Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the coverture factor to determine the nonmilitary spouse's share. This factor is applied once the initial marital share is determined and consists of the ratio of the number of years the parties have been married while the service person has been in the military to the total number of years of military service.