EX PARTE SMALLWOOD

1000343.

811 So.2d 537 (2001)

Ex parte Kathleen M. SMALLWOOD. (Re Frederick K. Smallwood v. Kathleen M. Smallwood).

Supreme Court of Alabama.

July 13, 2001.


Attorney(s) appearing for the Case

Claude D. Boone, Mobile, for petitioner.

W. Gregory Hughes, Mobile, for respondent.


STUART, Justice.

This case presents an issue of first impression in this state: Does the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408, prohibit the courts of this state from awarding greater than 50 percent of a military retiree's retirement pay to the other spouse as part of a division of marital property in a domestic-relations proceeding?

Kathleen M. Smallwood and Frederick K. Smallwood were married for 29 years. The husband...

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