CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........Military Retirement Issues
............Disability Benefits
7 Cards On This Topic:

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.

Military disability payments are not divisible c/p.

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.

Although military disability benefits are not considered divisible c/p "retired pay" under state law, where parties divided them in MSA, H could not thereafter unilaterally make an election that would defeat W's c/p interest.

Agreement to divide c/p interest in military retirement includes disability pay, irrespective of federal law, and requires that H participate in SBP and name ex-W as sole beneficiary.

When H elects disability pay ••after•• c/p divided, court possesses equitable remedies to make W whole and restore her share of military retirement pay.

Courts may enforce military retirement divisions after one spouse elects disability through use of resulting trusts.