Is a disability pension separate or marital property?

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bramos
Posts: 21
Joined: Thu Mar 01, 2018 11:54 pm

Is a disability pension separate or marital property?

Post by bramos » Fri Mar 02, 2018 12:25 am

Is a disability pension separate or marital property?

lnixon
Posts: 40
Joined: Sun Feb 25, 2018 10:53 pm

Re: Is a disability pension separate or marital property?

Post by lnixon » Fri Mar 02, 2018 12:57 am

If military, then a disability pension is entirely separate property. Howell v. Howell, 137 S. Ct. 1400 (2017). Other than military, how a disability pension is treated otherwise is state specific. In California, a should a member receive a disability retirement benefit, then the nonmember is entitled to a portion of member’s disability retirement equal to the amount member would have received as a service retirement.

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