In re Marriage of Williams

At issue in this case was Husband’s challenge to a 1994 divorce decree that divided Husband’s military retirement benefits as marital property.In 2013, Husband filed a motion to set aside the portion of the 1994 divorce decree awarding Wife a share of his military retirement, arguing that the judgment was void because the district court lacked jurisdiction to divide his military retirement benefits pursuant to the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. 1408 et seq. The district court judge rejected Husband’s jurisdictional argument and awarded Wife her attorney fees. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the USFSPA imposes limitations on a Kansas court’s personal jurisdiction and does not impact the underlying subject-matter jurisdiction granted by the Kansas Constitution and Kansas statutes; (2) the district court had subject-matter jurisdiction over this case in 1994; (3) the court had personal jurisdiction over Husband in 1994 based on implied consent; and (4) the district court had authority to award attorney fees. View "In re Marriage of Williams" on Justia Law