What are some special considerations when you are in the military and getting divorced?
For current and former military members and military spouses, it is critical that your attorney be aware of the interplay between retirement pay and service-related disability pay. In the Supreme Court in Howell v. Howell, the Court ruled in the veteran’s favor that a state court may not order a veteran to indemnify a divorced spouse for the loss in retirement pay caused by his waiver to obtain service-related disability pay. However, the Court can enforce an agreement that the veteran may not reduce the spouse’s portion of retirement pay by electing disability pay. It is absolutely crucial that this issue be addressed in any military retirement Order.