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MCCARTY v. MCCARTY

No. 80-5.

453 U.S. 210 (1981)

MCCARTY v. MCCARTY.

Supreme Court of United States.

Decided June 26, 1981.

Attorney(s) appearing for the Case

Mattaniah Eytan argued the cause and filed briefs for appellant.

Walter T. Winter argued the cause for appellee. With him on the brief was Barbara R. Dornan.*

Briefs of amici curiae urging affirmance were filed by William H. Allen for John L. Burton et al.; and by Gertrude D. Chern, Judith I. Avner, Gill Deford, and Neal Dudovitz for the National Organization for Women Legal Defense and Education Fund et al.

JUSTICE BLACKMUN delivered the opinion of the Court.

A regular or reserve commissioned officer of the United States Army who retires after 20 years of service is entitled to retired pay. 10 U. S. C. §§ 3911 and 3929. The question presented by this case is whether, upon the dissolution of a marriage, federal law precludes a state court from dividing military nondisability retired pay pursuant to state community property laws.

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