In an 8-0 decision on the Howell v. Howell matter (docket 15-1031), SCOTUS finally struck down states that stole disability pay from Veterans to pay for alimony and child support.
Second Class Citizen previously noted how state family courts were superseding law and stealing from Veterans’ disability benefits in direct contravention of previously existing federal law. This SCOTUS decision STOPS that travesty of justice.
Holding: 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.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Breyer on May 15, 2017. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.
- Opinion analysis: Unanimous court rules for veteran in family law case (Amy Howe)
- Argument analysis: Quiet bench means few signals on military divorce case (Amy Howe)
- Argument preview: Justices to consider family law and military benefits (Amy Howe)
- Court adds new cases to merits docket (Amy Howe)
- Federal government recommends another grant, this time in military spouse case (Amy Howe)