In 2017, the U.S. Supreme Court unanimously held that, because federal law prohibits state courts from dividing VA disability payments, states are similarly prohibited from ordering retirees to indemnify former spouses when those disability payments result in a waiver of military retirement (aka a “VA Waiver”). Howell. For a comprehensive…
VA Disability Payments are Income The Colorado Court of Appeals just issued a new decision in what it characterized: “As a matter of first impression in Colorado, whether a provision of the Uniformed Services Former Spouses’ Protection Act (USFSFPS)… prohibits a trial court from including a parent’s veteran’s disability benefits…
Court of Appeals Upholds Refusal to Consider VA Disability In Copeland, the husband had been discharged from the military and was receiving monthly VA disability payments, but no retirement. The wife had been a federal civilian employee for 13 years, and would be eligible to receive payments from the Federal Employees’ Retirement…
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05/26/2019
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