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Family Law

Property settlement controls military pension division

Where defendant husband’s military pension does not include disability pay, Howell v. Howell, 137 S. Ct. 1400 (2017), is inapplicable, and the parties’ property settlement controls the pension division. Howell held that under federal law, a military retiree who opts ...

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Parties’ military pension division agreement upheld

Where the parties agreed on a division of husband’s military pension, including indemnification provisions if husband breached his agreement not to do anything to defeat wife’s share, the court’s approval of the agreement does not run afoul of Howell v. ...

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Parol evidence defines meaning of shareholder distribution in PSA

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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Wife’s relationship with boyfriend was not marriage

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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‘Romantic partner’ clause void as against public policy

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

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Changed circumstances do not warrant custody change

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

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