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Voronin v. Voronin

662 S.W.2d 102 (1983)

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Voronin v. Voronin

Texas Court of Appeals
662 S.W.2d 102 (1983)

  • Written by Whitney Kamerzel , JD

Facts

Bernard Voronin (plaintiff) and Juanita Voronin (defendant) were married. Bernard retired with 282 months of service in the Marine Corps and was eligible to receive military retirement benefits. For 244 of those months, Bernard was married to Juanita. Bernard filed for divorce on February 12, 1982, and the divorce decree was entered on January 31, 1983. On June 26, 1981, the United States Supreme Court held in McCarty v. McCarty, 453 U.S. 210 (1981), that military retirement benefits were the separate property of the service member and could not be distributed to spouses in community-property states. The trial judge therefore held that because of McCarty, he was required to hold that Bernard’s retirement benefits were his separate property. Juanita appealed because at the time the trial judge decided the case, the court was made aware that Congress had already passed legislation that was awaiting the president’s signature and would reverse McCarty, allowing states to decide whether military retirement benefits were separate property.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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