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Is a disability pension separate or marital property?
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.