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IN RE MARRIAGE OF HERALD AND STEADMAN

(CC 090666375; CA A146603; SC S061362).

322 P.3d 546 (2014)

355 Or. 104

In the Matter of the MARRIAGE OF James R. HERALD, Petitioner on Review, and Dixie L. Steadman, aka Dixie Lee Steadman, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 20, 2014.

Attorney(s) appearing for the Case

James R. Herald, Portland, argued the cause and filed the brief on his own behalf.

Helen C. Tompkins, Law Office of Helen C. Tompkins, PC, Lake Oswego, argued the cause and filed the brief for respondent on review.

BREWER, J.

In Swan and Swan, 301 Or. 167, 176, 720 P.2d 747 (1986), this court, applying preemption principles, stated that it violated federal law for "[f]amily courts, in making a division of property, [to] consider Social Security benefits." The question presented in this case — where one spouse is a Social Security participant and the other is not — is whether federal law forbids...

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