Military Disability and Retirement Pay and Divorce:
US Supreme Court Overturns Arizona State Court
Rudy Lopez, j.d. (Legal information only; not advice)
On May 15, 2017 the United States Supreme Court decided Howell v. Howell 581 U. S. ____ (2017) in a unanimous decision. It confirmed that 10 U. S. C. §1408 expressly excludes ‘”disposable retired pay” amounts deducted from that pay “as a result of a waiver . . . required by law in order to receive”‘ disability benefits, §1408(a)(4)(B).