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March 2017 Archives

Military Retirement, Divorce, and the Supreme Court

The Supreme Court is preparing to hear a case on March 20th, that originates out of Arizona. The case Howell v. Howell boils down to a single issue; If a service member is ordered to provide the former spouse a community property share of their military retirement, and the retirement in question is reduced as a result of VA disability pay, does the service member have an obligation to still provide the ordered portion of their retirement to the former spouse, or is that portion reduced as per the Uniformed Services Former Spouses' Protection Act (a 1982 federal law that authorizes state courts to divide up military retirement pay in a divorce).

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