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In 2024, the Colorado Court of Appeals continued the trend of not allowing any judicial relief when a military retirement shrinks due to either VA disability or a Chapter 61 disability retirement. Before the U.S. Supreme Court’s Howell decision in 2017, Colorado was among the majority of states that required…
Claims Appeals Board Holds CRDP is Divisible Last year, we wrote about a decision from the Department of Defense Claims Appeals Board (CAB) holding that a portion of a Chapter 61 disability retired pay is divisible and should be awarded to a former spouse. That post has a more detailed…
This post was inspired by a reader who sent me an email questioning how Colorado can treat VA disability payments as income when federal law prohibits states from dividing VA benefits, and does not explicitly authorize states to count them as income. Every so often my firm receives profanity-laden emails…
Federal law is pretty clear – a military disability retirement (also known as a “Chapter 61” retirement) is not divisible property in a divorce, with a limited exception to the extent that the longevity method results in a higher payout than the percentage of disability method. See our article on…
What is Military Disability Retirement? The military way of life can be hard on its members, not just for those who deploy to hostile fire zones, but even the regular training is rigorous, or may result in injuries due to training accidents. There are a number of military disability retirement…
VA disability and divorce are two words that do not go well together, at least judging by the extensive litigation for decades about the extent of state court authority over disability benefits. In 2017, the U.S. Supreme Court unanimously held that because federal law prohibits state courts from dividing VA…
VA Disability Payments are Income The Colorado Court of Appeals just issued a new VA disability and child support decision in what the court itself regarded as an unsettled issue: “As a matter of first impression in Colorado, whether a provision of the Uniformed Services Former Spouses’ Protection Act (USFSPA)……
Court of Appeals Upholds Denial of Veterans Benefits for Divorce Spouses In an unpublished Colorado Court of Appeals case, the trial court said “no” to veterans benefits for divorced spouses. The husband had been discharged from the military and was receiving monthly VA disability payments, but no military retirement benefits. The…
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Robert Weeks05/26/2019
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Chris Whitfield02/08/2020
