Family Law

Family Law News 2017, Issue 3, Volume 39, No. 3

The Killing of Krempin

Mark E. Sullivan

Mark Sullivan is a retired Army Reserve JAG colonel. He practices family law in Raleigh, North Carolina and is the author of THE MILITARY DIVORCE HANDBOOK (Am. Bar Assn., 2nd Ed. 2011) and many internet resources on military family law issues. A Fellow of the American Academy of Matrimonial Lawyers, Mr. Sullivan has been a board-certified specialist in family law since 1989. He works with attorneys and judges nationwide as a consultant and an expert witness on military divorce issues in drafting military pension division orders. He can be reached at 919-832-8507 and at mark.sullivan@ncfamilylaw.com.

Introduction

On May 15, 2017, the U.S. Supreme Court published a decision that put a major obstacle in the way of equitable, just and fair distribution of military retired pay. The decision in Howell v. Howell1 does serious damage to the proposed remedy of resulting trust set out in In re Marriage of Krempin2 It expands the Court’s holding prohibiting division upon divorce of waived military retired pay under Mansell v. Mansell.3

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