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Home / Opinion Digests / Family Law / Property settlement controls military pension division (access required)

Property settlement controls military pension division (access required)

Where defendant husband’s military pension does not include disability pay, Howell v. Howell, 137 S. Ct. 1400 (2017), is inapplicable, and the parties’ property settlement controls the pension division. Howell held that under federal law, a military retiree who opts to take disability pay in lieu of his pension cannot be required to indemnify a spouse ...