Posts Tagged ‘Military Retirement’

United States Supreme Court holds a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits

The United States Supreme Court rarely issues opinions addressing family law, making the May 15, 2017 opinion in Howell v. Howell blogworthy. Howell addresses an issue that arises in divorces involving military members and that I had previously assumed had been addressed by the Supreme Court in Mansell v. Mansell, 490 U. S. 581 (1989): […]

Reserving alimony when there’s military retirement

One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.  South Carolina law treats military retirement as marital property. Tiffault v. Tiffault, 303 S.C. 391, 401 S.E.2d 157 (1991).  However a United States Supreme Court opinion forbids state courts from […]

 

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