WEBERG LAW

Family Law and Mediation

Bottiggi v. Wall

The case of Bottiggi v. Wall involves a legal dispute over the division of a military pension following a divorce. Dolores Bottiggi and Robert Wall divorced in 1976, with the final decree not addressing the division of Wall’s Navy retirement pension. In 1991, Bottiggi filed a complaint seeking a share of this pension, arguing that it should be considered part of the marital estate. The Probate Court initially dismissed her complaint on the grounds of res judicata, which prevents re-litigation of issues that have already been judged, and due to the Federal Uniformed Services Former Spouses’ Protection Act (USFSPA), which limits the division of military pensions. However, the Appeals Court found that the res judicata defense was not properly established by Wall, as he failed to demonstrate that the pension issue was litigated in the original divorce proceedings. The court also noted that while the USFSPA restricts direct division of military pensions, it does not prevent considering such pensions as assets when dividing other marital property. Consequently, the Appeals Court reversed the dismissal and remanded the case for further proceedings to determine how the remaining marital property should be divided, taking into account Wall’s pension as an asset.

Family Law

Divorce

Mediation

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