Supreme Court Rules on Military Retirement Pay and Marital ...

Uniformed Services Former Spouses' Protection Act (USFSPA)

Prior to the 1981 state courts disagreed on whether they were authorized or constrained by federal law in dividing military retired pay in divorce-related ...

SCOTUS Rules on Military Retirement Pay - Casetext

The Supreme Court unanimously held no, that John was entitled to waive retirement pay in exchange for compensation for a service-connected disability even after ...

Dividing Military Retirement Pay in Divorce - Law for Veterans

A state court may award a portion of the disposable military retired pay to the spouse even if the marriage lasted less than a year.

U.S. Supreme Court holding on military retirement division in divorce

The court held firmly in favor of a retired service member that he could waive part of retirement payments to get disability to the detriment of his ex-spouse.

Appendix C Information Addressing State Applications and ...

Divisible as of August 1993 when the Alabama Supreme Court held that disposable military retirement benefits accumulated during the course of the marriage ...

U.S. Supreme Court Rules On Military-Retirement Division In ...

This state court order was in accord with the 1982 federal Uniformed Services Former Spouses' Protection Act that allows states to treat military retirement pay ...

McCarty v. McCarty | 453 U.S. 210 (1981)

The military retirement system confers no entitlement to retired pay upon the retired member's spouse, and does not embody even a limited "community property ...

Disputed Division of Military Benefits After Divorce

The U.S. Supreme Court ruled in Mansell v. Mansell in 1989 that state courts may only treat “disposable retired pay” as marital property in a ...

15-1031 Howell v. Howell (05/15/2017) - Supreme Court

Family courts remain free to take account of the contingency that some military retirement pay might be waived or take account of reductions in ...

Division of Military Retirement Pay in a Divorce - Ryan McFarland Law

The most important theme to take away from this article is that military pay is marital property that must be divided by a court during your divorce proceedings ...

Why the recent Supreme Court ruling on military retired pay is ...

The recent ruling in the Supreme Court case Howell v. Howell shines a light on the confusing issue of retired and disability pay.

U.S. Supreme Court Rules On Military Pay Case, Family Law ...

The divorce decree awarded wife half of husband's military retirement. It also ordered husband to pay spousal maintenance until husband retired. Thirteen years ...

Military Pension Division: A Review of Cases Following Howell v ...

On May 15, 2017, the Supreme Court ruled on a case involv- ing waived retired pay, and the court's authority to order reim- bursement of ...

attorney instruction - dividing military retired pay

States Supreme Court has ruled that Congress authorized the division of only disposable retired pay, not gross retired pay, the regulation provides that all ...

Opinion analysis: Unanimous court rules for veteran in family law case

With John's retirement only a year away, the couple's divorce decree specified that Sandra would receive half of his military retirement pay.

How Howell v. Howell affects military retired pay in divorce decrees

In a rare 8-0 decision, the Supreme Court recently overturned a ruling by the highest court of Arizona regarding the division of military ...

Supreme Court Will Consider Military Divorce and Marital Benefits

However, the distribution of such benefits can get tricky when the military spouse waives some of those retirement benefits in order to be eligible for ...

U.S. Supreme Court Clarifies Property Rights in Military Divorces

The law overturned McCarty v. McCarty, which held that retirement pay was entitled to the retired service member and couldn't be made part of a ...

Military Pension Division: The New Frozen Benefit Rule

The time rule is based on the “marital foundation theory,” which recognizes that the individual's final retired pay is based on a foundation of marital effort.

Vol. 75 - Martin: Protection of Military Spouses From Divestiture ...

The court held that the original divorce decree had given Sandra a vested interest in the pre-waiver amount of John's retirement pay and ordered ...