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Court hears dispute over whether certain military retirement pay is divisible in divorce
Summary
In Clarkson v. Clarkson, the Utah Court of Appeals heard arguments over whether retired pay under chapter 61 can be treated as "disposable retired pay" for division in divorce when the service member also receives disability compensation; the court took the question under advisement.
J. Ed Christiansen, counsel for the appellant (a retired service member), told the Utah Court of Appeals the central question is whether retired pay under chapter 61 is included in the federal definition of "disposable retired pay" and therefore divisible by state courts. The argument focused on the interplay between the Uniformed Services Former Spouse's Protection Act (10 U.S.C. §1448) and…
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