Mansell v. Mansell (1988)
- Docket
- 87-201
- Decided
- 1988-01-01
Summary
Question: Under the Uniformed Services Former Spouses’ Protection Act, can state courts treat military retirement pay that was waived by the retiree in order to receive veterans’ disability benefits as something divisible upon divorce? Conclusion: No. The Court reversed the judgement and held that the federal Uniformed Services Former Spouses' Protection Act exempted that portion of the retirement pay that a service member waived in order to receive disability benefits from the amount divisible upon divorce. While recognizing potential inequities to former spouses, the Court reasoned that the clear language of the statute could not be ignored.