Can the Court make up any portion of military retirement pay waived to received disability benefits post-decree?

The Court in Howell v. Howell answered just this question. Although the Courts are precluded from dividing any portion of military retirement pay waived for disability benefits, the Court is not precluded when that waiver is made after the decree is issued. IE: it means that if you waive it before the divorce, then you won't have to make up the waived amount after divorce. Why? Because the ex-spouse receiving the military retirement benefit has a vested property right in the amount being received pre-waiver. (Howell v. Howell, CV-15-0030-PR)

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