ILNews

Court rules on military retirement benefits during divorce

Michael W. Hoskins
January 1, 2007
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State courts can't treat military retirement pay waived for veterans' disability pay as marital property to be divided during divorce, the Indiana Court of Appeals ruled today.

Citing caselaw from the nation's highest court, a unanimous three-judge panel reversed and remanded a Randolph County decision in William A. Griffin, Jr. v. Shari L. Griffin, No. 68A01-0611-CV-491.

William and Shari married in 1985 and divorced in 2006, agreeing as part of the dissolution to divide in half his $1,522 retirement pay from the U.S. Air Force. But when William applied for disability benefits from the Veterans Administration, he was told he'd have to waive part of his military retirement benefits. He did so and paid half of that remaining portion to his former wife, who later filed a contempt petition accusing him of failing to make the required pension payments.

Randolph Circuit Judge Jay Toney entered a post-dissolution order clarifying the parties' property settlement agreement, holding that William Griffin would have to pay Shari Griffin 50 percent of his total military retirement income, including disability payments.

The appellate court disagreed, citing Supreme Court of the United States decisions in Mansell v. Mansell, 490 U.S. 581, 109 S. Ct. 2023 (Mansell I) that held VA disability benefits are not divisible marital property. Shari Griffin had argued at the lower level Mansell I didn't apply because of subsequent decisions on remand.

"Following Mansell I, the statute in question has undergone revisions, but the basis for the Mansell I opinion remains in the statute - state courts do not have the authority to treat military retirement pay that has been waived to receive veterans' disability benefits as property divisible upon divorce," the court wrote.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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