Mansell v. Mansell
Headline: Federal law blocks state courts from dividing military retirement pay that a veteran gives up to get tax-free disability benefits, reducing former spouses’ ability to claim that waived portion.
Holding: The Court ruled that under the federal Former Spouses' Protection Act, state courts may not treat military retirement pay that a retiree waived to receive veterans' disability benefits as property divisible on divorce.
- Former spouses can lose a share if a retiree converts retirement pay to disability benefits.
- Federal direct-payment program cannot be used to collect waived retirement amounts.
- States may use other legal remedies, but the federal payment limit remains.
Summary
Background
Gerald Mansell is a retired military officer and Gaye Mansell is his ex-wife. They divorced after a long marriage and agreed that she would receive half of his total military retirement pay, including the portion he later waived so he could get veterans’ disability benefits. California treats such retirement payments as community property when earned during marriage. Congress had passed the Former Spouses’ Protection Act to change how state courts and the federal government handle military retirement pay.
Reasoning
The key question was whether state courts can divide retirement pay that a retiree voluntarily gave up in order to receive tax-free disability benefits. The Court looked closely at the Act’s wording. The Act gives state courts power only over “disposable retired pay,” and it defines that term to exclude amounts the retiree waived to receive disability benefits. Other parts of the law also place limits on state power. Because the statute’s language is plain and specific, the Court held that Congress did not authorize states to treat waived retirement pay as divisible property.
Real world impact
As a result, former spouses like Mrs. Mansell generally cannot claim the part of retirement pay a veteran converted into disability benefits through the federal division-and-payment system. Those former spouses may try other state-law remedies, but the federal direct-payment mechanism and the Act’s definition limit collection of waived amounts. The opinion covers both community property and other states’ distribution schemes. Congress could change this outcome if it chooses.
Dissents or concurrances
Justice O’Connor (joined by Justice Blackmun) dissented, arguing Congress intended to restore broad state authority and to protect former spouses; she would have allowed states to treat waived pay as divisible under state law.
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