The North Dakota Supreme Court issued new opinions on March 4, 2026, addressing cases related to divorce and the termination of parental rights.
In Marschner v. Marschner, the court examined the application of the Uniformed Services Former Spouses’ Protection Act (USFSPA), specifically 10 U.S.C. § 1408, in light of the U.S. Supreme Court decision in Howell v. Howell, 581 U.S. 214 (2017). The opinion stated: “Under the Uniformed Services Former Spouses’ Protection Act 10, U.S.C. § 1408, as interpreted in Howell v. Howell, 581 U.S. 214 (2017), an indemnification provision requiring a veteran to compensate a former spouse for retirement pay waived in favor of disability benefits is void and unenforceable, regardless of whether the parties agreed to it.” The court further explained that “A district court’s award of spousal support calculated to restore a former spouse’s lost share of waived retirement pay is merely a semantic reframing of the prohibited division of disability pay and is preempted by federal law.”
In another case, Interest of B.P., the court addressed an appeal concerning the termination of parental rights. The order from the juvenile court was affirmed without detailed discussion under N.D.R.App.P. 35.1(a)(2) and (4). The summary states: “A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).”
These decisions clarify how federal law affects divorce settlements involving military retirement benefits and reinforce procedures for summary affirmance in juvenile cases.
