Howell v. Howell
Headline: Court blocks state orders forcing veterans to repay ex-spouses for retirement pay lost when waived to obtain disability benefits, limiting divorce reimbursements statewide and protecting federal benefits.
Holding: The Court held that a state court may not order a veteran to indemnify an ex-spouse for reductions in the ex-spouse’s share of military retirement pay caused by the veteran’s waiver to receive disability benefits.
- Prevents courts from ordering veterans to reimburse ex-spouses for waived retirement pay.
- Requires family courts to consider possible disability waivers when dividing assets or setting support.
- Protects federally excluded disability benefits from state-ordered recovery.
Summary
Background
John Howell, an Air Force veteran, and his ex-wife Sandra divorced after agreeing that she would receive 50% of his future military retirement pay. Years later the Department of Veterans Affairs found John partially disabled. To receive disability benefits, federal law required John to give up (waive) a portion of his retirement pay, which reduced Sandra’s monthly share. Sandra asked an Arizona court to require John to make her whole for that loss, and Arizona’s courts ordered and affirmed reimbursement to her.
Reasoning
The Court addressed whether a state can order a veteran to reimburse an ex-spouse for the portion of retirement pay the veteran waived to get disability benefits. The Court relied on federal law and its earlier Mansell decision. Federal law allows states to divide military retirement pay in divorce but explicitly excludes amounts a veteran must waive to receive disability benefits. The Court held that state reimbursement orders effectively award the federally excluded portion and are therefore pre-empted by federal law. The Court reversed the Arizona decision and said family courts may not force veterans to indemnify ex-spouses for waived retirement pay.
Real world impact
This ruling means divorced spouses cannot collect from a veteran for retirement pay the veteran surrendered to receive disability benefits. Family courts can still account for the possibility of future waivers when dividing assets or setting support, but they cannot order dollar-for-dollar reimbursement tied to the federally excluded portion. The decision resolves conflicting state court rulings on this issue and protects federally defined disability benefits from state override.
Dissents or concurrances
Justice Thomas joined the judgment but disagreed with part of the Court’s explanation about the broad “purposes and objectives” basis for pre-emption, calling that framework illegitimate while not changing the outcome.
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