CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........Military Retirement Issues
............Disability Benefits
6 Cards On This Topic:

Military disability payments are not divisible c/p.

A state court can order a military spouse to reimburse spouse for the loss of a c/p interest in waived retired pay without violating Mansell.

Although military disability benefits are not considered divisible c/p "retired pay" under state law, where parties divided them in MSA, H could not thereafter unilaterally make an election that would defeat W's c/p interest.

Agreement to divide c/p interest in military retirement includes disability pay, irrespective of federal law, and requires that H participate in SBP and name ex-W as sole beneficiary.

When H elects disability pay ••after•• c/p divided, court possesses equitable remedies to make W whole and restore her share of military retirement pay.

Courts may enforce military retirement divisions after one spouse elects disability through use of resulting trusts.