McCREE v. McCREE

No. 81-1604, 82-31.

464 A.2d 922 (1983)

Matthew McCREE, Appellant, v. Leona McCREE, Appellee. Leona McCREE, Appellant, v. Matthew McCREE, Appellee.

District of Columbia Court of Appeals.

Decided July 27, 1983.


Attorney(s) appearing for the Case

Joel W. Anders, Washington, D.C., for appellant in No. 81-1604 and cross-appellee in No. 82-31.

Edith U. Fierst, Washington, D.C., with whom Sally J. Greenberg, Washington, D.C., was on the brief, for appellee in No. 81-1604 and cross-appellant in No. 82-31.

Virginia G. Watkin, New York City, Joan D. Klein, Lyle Jeffrey Pash, Washington, D.C., and Judith I. Avner, New York City, were on the brief, for amici curiae NOW Legal Defense and Education Fund, Women's Equity Action League, The National Center on Women and Family Law, Inc., The American Civil Liberties Union Fund of the National Capitol Area, The Organization of Women for Legal Awareness, Inc., and The Pension Rights Center, urging affirmance in No. 81-1604.

Before FERREN and BELSON, Associate Judges, and KELLY, Associate Judge, Retired.


BELSON, Associate Judge:

This case presents a variant of the issue that we addressed today in Barbour v. Barbour, 464 A.2d 915: the extent to which Civil Service pension benefits may be deemed marital property subject to equitable distribution under D.C.Code § 16-910(b) (1981). Here, as in Barbour, the trial judge concluded that such benefits may represent marital property, and ruled that Leona McCree (hereinafter...

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