Unanimous SCOTUS ruling this week - possible impact to divorced military with retirement/disability

Ooh-Rah

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I am fortunate to be unaffected by this, but I know that many members here could be. Thought it was worth a share:
New Supreme Court Decision Has Serious Implications For Ex-Military Spouses

A U.S. Supreme Court decision handed down on May 15 may have serious implications for former spouses of veterans, despite providing clarity regarding disability pay from the Department of Veterans Affairs. In a unanimous decision, the Supreme Court sided in favor of a veteran who believed he did not owe his ex-wife 20% of that pay, and ruled that state courts cannot order veterans to pay divorced spouses for the loss of his or her retirement pay caused by service-related disability benefits.

The ruling on Howell v. Howell — a case in which former Airman John Howell hoped to prove he did not have to consider his disability pay as part of divisible assets in divorce — clarifies that disability pay is not divisible as community property.

Analysis from SCOTUSBLOG:
Opinion analysis: Unanimous court rules for veteran in family law case - SCOTUSblog

Link to opinion:
https://www.supremecourt.gov/opinions/16pdf/15-1031_hejm.pdf
 

Diamondback 2/2

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I'm a firm believer in child support, but also feel many individuals abuse it on both side.

However, spousal support, dividing of someone's personal retirement, and the like. Simply fucks my brain up. Especially places like California. Holy fuck nuts, do not get divorced in California.

I can understand dividing up the bank account and assets, I get that stuff. But your personal retirement?

The fact that some crazy bitch would even think she is entitled to dudes VA disability compensation is insane. Nevermind the stupidity of lawyers and a judge at the state level allowing that shit to happen. But really it takes the SCOTUS making a ruling saying "yeah she probably shouldn't get the money the government pays him for getting fucked up while in the service of his country"... for fuck sake.
 

BloodStripe

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It should extend beyond jyst retirement pay IMO. A guy from my platoon who was struck by an IED and claimed the lives of three Marines in that truck has been ordered by the state of Nevada to pay his disability to his wife as part of his child support.
 
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