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Avatar of GI KoreaBy on September 5th, 2012 at 5:18 pm

Court Confirms That Military Disability Benefits Are Exempt from Divorce Rulings

» by in: US Military

I have definitely seen some bitter military divorces in my time in the military and these story below is one of them:

 The Mississippi Supreme Court has ruled any military retirement pay that a veteran converts into disability benefits is exempt from alimony.

The Mississippi court reversed a decision in a Lamar County divorce case, citing a U.S. Supreme Court ruling in 1989 that federal law does not permit state court divorce decrees to divide the disability benefits. The Mississippi court said federal law pre-empts state law.

According to court records, a portion of the financial settlement that Tonya Mallard received in the property settlement agreement in her divorce was 40 percent of James Mallard’s “disposable military retirement pay” for 10 years.  [Stars & Stripes]

You can read the rest at the link.

I once asked a Sergeant Major who was getting ready to retire with 28 years of service on what motivated him to stay in that long.  He jokingly told me that what motivated him was the thought that the longer he stayed in that was one less year of his retirement pay that his ex-wife he divorced 20 years ago would receive.

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4
  • guitard
    3:33 pm on September 5th, 2012 1

    I knew a warrant officer with 19 years in who took a VSIP buyout specifically so his ex couldn’t get any of his retirement.

  • Chris In Dallas
    3:55 pm on September 5th, 2012 2

    I know an Air Force First Sergeant who ETSed with a little over 20 years just so his soon to be ex-wife wouldn’t get any. BTW, Texas law doesn’t allow this anymore and I’m guessing the rest of the states also have legal roadblocks too.

  • Burt
    5:24 pm on September 5th, 2012 3

    40% of his pension and she was after his disability benefits? That’s why, guys, you don’t get married to some big haired, fat-assed woman who makes Peggy Bundy look like a hard-working career woman.

  • Liz
    7:23 am on September 6th, 2012 4

    #3: That’s not how the song goes….

    “If you wanna be happy for the rest of your life
    Never make a pretty woman your wife
    So from my personal point of view
    Get an ugly girl to marry you

    A pretty woman makes her husband look small
    And very often causes his downfall
    As soon as he marries her, then she starts
    Doin’ the things that will break his heart

    But if you make an ugly woman your wife
    You’ll be happy for the rest of your life
    An ugly woman cooks your meals on time
    An she’ll always give you peace of mind

    Don’t let your friends say you have no taste
    Go ahead and marry anyway
    Though her face is ugly and her eyes don’t match
    Take it from me, she’s a better catch”

 

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