ONCALL
...Family Law
......Employment Benefits-Pension/Disability
3 Cards On This Topic:

Disability insurance proceeds follow the character of the disabled spouse’s earnings, i.e., they are c/p during marriage and s/p after separation.

While court may not order reimbursement or indemnification for military retirement waived to receive disability pay, it may be a basis to modify s/s.

Courts may not order member spouse to reimburse nonmember for military retirement pay waived to receive disability pay, regardless of whether waiver occurs before or after judgment dividing pension.