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Home / Courts / Domestic Relations – Civil Practice – Subject Matter Jurisdiction — Equitable Distribution – Military Pension – CRSC Election – First Impression (access required)

Domestic Relations – Civil Practice – Subject Matter Jurisdiction — Equitable Distribution – Military Pension – CRSC Election – First Impression (access required)

Hillard v. Hillard After an equitable distribution order awarded the defendant-wife half of the plaintiff-husband’s military pension, the husband unilaterally elected to receive combat-related special compensation (CRSC) instead of his pension. Although federal law preempts state law with regard to CRSC and such payments cannot be classified as marital property subject to equitable distribution, CRSC may be treated as a distributional factor in a property settlement. The trial court had subject matter jurisdiction over the wife’s motion to modify the equitable distribution order.

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