Caitlin Gwin

Document Type

Case Summary

Publication Date


Case Synopsis

In this decision authored by Justice Stiglich, the Court held that a property settlement incident to a divorce decree is enforceable when it requires a divorcing veteran spouse to make payments from military disability pay. Although federal law prohibits state courts from awarding veteran disability pay in a divorce, the Court found an indemnification provision in a property settlement resulting in the payment of disability pay was enforceable because the parties had previously negotiated and agreed to the terms. While the Court would not have been able to award veteran disability pay as part of a property settlement, the divorcing spouses had a right to make this agreement and a right to have it enforced. Additionally, the Court determined the lower court did not abuse discretion by awarding pendant lite attorney fees.

Included in

Family Law Commons