No. 21-1594
Preston L. Drane v. Stephania Drane
Tags: disability-payments divorce-proceedings equitable-distribution expert-testimony military-benefits military-disability pension-division uniformed-services-former-spouses-protection-act uniformed-services-protection-act veterans-benefits
Key Terms:
ERISA JusticiabilityDoctri
ERISA JusticiabilityDoctri
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether a court may disregard military documentation showing that a veteran's payments are for disability and instead rely on expert testimony to conclude the payments are a divisible pension
Question Presented (OCR Extract)
QUESTION PRESENTED In a dissolution of marriage proceeding, may a court disregard military documentation showing that a veteran is receiving payments for disability, which are not subject to equitable distribution under the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408(a)(4)(A), and instead rely on expert testimony to conclude that the payments are a pension that may be divisible upon divorce?
Docket Entries
2022-10-03
Petition DENIED.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Brief of respondent Stephania Drane in opposition filed.
2022-05-10
Application (21A695) granted by Justice Thomas extending the time to file until June 22, 2022.
2022-05-10
Petition for a writ of certiorari filed. (Response due July 27, 2022)
2022-05-05
Application (21A695) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to June 22, 2022, submitted to Justice Thomas.
Attorneys
Preston L. Drane
Andrew Brooks Greenlee — Andrew B. Greenlee, P.A., Petitioner
Stephania Drane
John Nicholas Bogdanoff — The Carlyle Appellate Law Firm, Respondent