Hisquierdo v. Hisquierdo

In Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979), the Court reversed a California Supreme Court decision that provided a remedy to a wife upon dissolution of marriage based on her husband's expectation of receiving railroad retirement benefits. The California court decided that the benefits were subject to the state's community property regime, and held that because the benefits flowed in part from the husband's employment during the parties' marriage they were community property. The Supreme Court held that the Supremacy Clause of the United States Constitution required reversal because the award conflicted with the Railroad Retirement Act. It reasoned that the right granted to the wife by state law conflicted with the express terms of federal law, and that the consequences of this grant injured the objectives of the federal program sufficiently to require nonrecognition of the right. The Court held that the critical terms of the federal scheme to which the Supremacy Clause required California to defer "include a specified beneficiary protected by a flat prohibition against attachment and anticipation." Hisquierdo, 439 U.S. at 582. It rejected the argument that the right would not conflict with the statute because it could be effectuated by a remedy under which the husband would be required to pay a portion of his benefit or its monetary equivalent as he received it, stating that the anti-assignment provision "protects Congress's decision about how to allocate the benefits provided by the Act, and any automatic diminution of that amount frustrates the congressional objective." Hisquierdo, 439 U.S. at 583. The Court also rejected the contention that the wife's interest could be vindicated by an offsetting award of currently available community property, reasoning that an offsetting award "would upset the statutory balance and impair [the husband's] economic security just as surely as would a regular deduction from his benefit check." Hisquierdo, 439 U.S. at 588.