John Marshall Harlan II

“ Vanderbilt held that a wife's right to support could not be cut off by an ex parte divorce. In the case before us, Mrs. Simons' Florida dower was not terminated by the ex parte divorce. It simply never came into existence. No one disputes that the ex parte divorce was effective to end the marriage, so that after it Mrs. Simons was no longer Mr. Simons' wife. Florida law, as the Court's opinion shows, grants dower only to a woman who is the legal wife of the husband when he dies. Mrs. Simons therefore had no property rights cut off by the divorce. ”

“ Because New York was petitioner's State of domicile at all times relevant to this case and did not purport to invest her with any rights to property beyond those she received from her husband, the second rule is not involved here. ”

“ We would dismiss the writ of certiorari in this case as improvidently granted, believing that, as the Court's opinion clearly demonstrates, no federal question is presented. There exists no question under the Full Faith and Credit Clause, because Sol Simons, even after his Florida divorce, 'complied with the full measure of the New York decree,' ante, at 84. ”