Joseph S. McFall v. Bernadine McFall Osborne
Whether a state court's post-divorce judgment entered eleven years after the divorce and imposing an involuntary judicial division of a former service member's disability benefits is preempted as being in violation of the Supremacy Clause when there was no prior divorce settlement agreement whereby the service member agreed to divide his disability payments, where the original divorce judgment awarded him his disability payments as his sole property free and clear from any claims by his wife, where the wife was denied any form of alimony, and where the post-divorce judgment was entered to indemnify the wife for his not ever becoming eligible to receive a military retirement?
Whether a state court's post-divorce judgment entered eleven years after the divorce and imposing an involuntary judicial division of a former service member's disability benefits is preempted under the Supremacy Clause when there was no prior divorce settlement agreement whereby the service member agreed to divide his disability payments, the original divorce judgment awarded him his disability payments as his sole property free and clear from any claims by his wife, the wife was denied any form of alimony, and the post-divorce judgment was entered to indemnify the wife for his not becoming eligible to receive a military retirement