In May 2017, the United States Supreme Court issued a significant ruling in Howell v. Howell that clarified how military retirement is treated in military divorces. The Court determined that courts cannot consider waived portions of military retirement pay as part of the divisible community estate during divorce proceedings. This ruling has important implications for both military service members and their spouses, as it impacts how retirement benefits are allocated and protected in divorce settlements.
If you are in a military family going through or considering a divorce, this landmark decision in Howell v. Howell could significantly affect your case. The divorce attorneys at the Law Office of Bryan Fagan, PLLC, aim to explain the decision’s potential impact on your life through this blog post.
Background on the Howell Case
John and Sandra Howell, the central figures in the case from Arizona, divorced, and Sandra received half of John’s eventual military retirement pay. For thirteen years, she received these benefits as per their divorce decree.
Fast forward thirteen years, and John qualifies for partial disability, making him eligible for disability pay from the military. To receive this, he had to waive an equivalent amount of his retirement benefits, which he did.
This waiver reduced Sandra Howell’s monthly retirement benefits by $125. Unhappy with this, Sandra filed a petition with the Arizona family law court, which still had jurisdiction over their case, demanding enforcement of their original divorce decree. She wanted John to ensure her retirement benefits remained unchanged, regardless of his disability pay decisions.
The Supreme Court of Arizona’s Involvement
Sandra Howell’s petition eventually reached the Arizona Supreme Court. Just for context, a family court, or trial court, is a lower-level court where a judge applies the law based on presented evidence. Disagreements with trial court decisions can be appealed to higher courts, known as appellate courts. A case must undergo two appeals from the family law court to reach the Arizona Supreme Court.
Back to the Howells: the lower court ruled in Sandra’s favor, stating her entitlement to half of John’s retirement pay at the time of their divorce. John, displeased, appealed to the Arizona Supreme Court, which upheld the lower court’s decision and ordered him to compensate Sandra for her reduced benefits.
Mr. Howell (and his ex-wife) Go to Washington
John Howell challenged the Arizona Supreme Court’s decision in the United States Supreme Court. This case involved interpreting the Uniformed Services Former Spouses’ Protection Act, which allows military retirement pay division as community property in state courts during divorces but excludes waived amounts.
A key Supreme Court precedent had already established that state courts couldn’t divide military retirement pay waived for disability benefits. The pivotal question was whether the timing of Mr. Howell’s waiver, post-divorce, affected its divisibility.
The U.S. Supreme Court disagreed with the Arizona Supreme Court, ruling that any waiver of retirement pay, regardless of timing, exempts that portion from division in a divorce. This ruling resolved a complex issue regarding military retirement pay.
The takeaway: if you’re divorcing as a member or spouse of a U.S. Armed Forces member, your court may consider potential changes in retirement pay. However, waived retirement pay, whether now or in the future, cannot be divided.
Conclusion
The Howell v. Howell ruling has reshaped the way courts handle military retirement pay in divorce cases. By determining that waived portions of military retirement cannot be divided as part of the community estate, the Supreme Court ensured that service members are protected from having to forfeit future retirement benefits that they choose to waive. This decision offers clarity for both military personnel and their spouses, emphasizing the importance of understanding how retirement benefits are treated in military divorces and the need for careful planning when negotiating settlements.
The Law Office of Bryan Fagan, PLLC and Military Divorces
If you’re facing a military divorce involving retirement benefits, consider consulting with the Law Office of Bryan Fagan, PLLC. We represent military families across southeast Texas and would be honored to assist you. Our licensed family law attorneys offer free consultations.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
