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Case Results

Howell v. Howell

In a case in which a case a State treated as community property and awarded to a veteran's spouse upon divorce a portion of the veteran's total retirement pay, and long after the divorce, the veteran waived a share of the retirement pay in order to receive nontaxable disability benefits from the Federal Government instead, the Supreme Court of Arizona's judgment is reversed where a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse's portion of the veteran's retirement pay caused by the veteran's waiver of retirement pay to receive service-related disability benefits.