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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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