2d 938 (1935), the Arizona Supreme Court was asked to interpret a power of attorney written and signed by a couple during the marriage that granted a third person authority to deal with their property. Receiving military retired pay. S. Dec 26, 2019. S. for Cert. Combat-Related Special Compensation, or CRSC, is a special form of compensation for combat-related disabilities. mil. For information on division of retired pay as property in a divorce, see Chapter 12. Usually, but not always, compensation for damages including pain and. 50 per day worldwide. However, if you are going through a divorce or planning to. Go find an experienced family law attorney and get to business. During your retirement, however, a monthly deduction is taken from your pay to pay for your SBP coverage. DFAS will pay. Retirement Application - Data for Payment of Retired Personnel. For more information from DFAS, call toll free at 800-321-1080. The Arizona Court of Appeals ruled Arizona Revised Statute section 12-1119 allows a person to file and record a lis pendens in any lawsuit that could affect title to a home or other real estate. There is no application process for CRDP. • In 2004, he receives total retired pay of $625 ($500 + $125, the 2004 amount for a 60% disability rating shown above). $2,018. Under the USFSPA, military disability pay is excluded from the definition of disposable retired pay, and therefore, disability pay is not subject to the same rules of division in divorce. After a petition is filed for divorce, copies of the papers must be served on a spouse unless they waive service and that waiver is filed with the court. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaLegal documents such as marriage certificates, divorce decrees and birth certificates are essential to processing changes of beneficiary or claims under SBP. B. Sandra petitioned the Arizona family court to enforce the original divorce decree and restore the value of her share of John. 3. Nov 19, 2010 #2. S. Congress made an exception several years ago in case of divorce with 20 years fo marriage during 20 years of service. Call us today at (480)305-8300 or reach out to us through. . A person who murders his spouse is not entitled to. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. S. A Court Cannot Simply Divide Community Property Based on a Percentage of Each Spouse’s Contributions of Separate Property. Overview. Calling our Retired & Annuitant Pay Customer Care Center at 800-321-1080 or 317-212-0551. Call us today at (480)305-8300 or reach out to us through. Website. Porter were married in 1928. 10 U. In Donn v. S. Disability Retired Pay) Post-Divorce VA Elections: How the states are responding. This payments are not divisible as property under USFSPA. 00 = 1210. CRSC restores military retired pay that is offset when a Retired Soldier accepts compensation from the VA for a disability or condition that can be directly linked to. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaArizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. Koepnick, 3 P. The separate property of a spouse can be turned into community property in Arizona. In Donn v. Rowe addressed the issue of a community lien in a sole and separate business in a divorce in Arizona. § 1413a. CRSC, Combat-Related Special Compensation, is the other form. 49 residual retired pay = 2398. Combat-Related Special Compensation (CRSC) is a Department of Defense (DOD), not a VA, program under T10 USC §1413a. • In 2004, he receives total retired pay of $625 ($500 + $125, the 2004 amount for a 60% disability rating shown above). The wife requested a trial to present. pricing is. Thereby reducing the amount she would recieve. The judge ordered the husband to pay 10% interest on the $37,221. Murin cites the Arizona Supreme Court opinion in Rundle v. For veterans, accurately assessing the amount of compensation they are entitled to can be a complex. The CRSC II program was created 1 January 2004 to offer compensation for a larger group of combat-disabled. Combat Related Special Compensation (CRSC) CRSC was passed by Congress in December 2002. $1,500 "maintenance pay" through June 2014 As I review the automatic deductions. 025 = 36. The three types of retirement pay discussed here, VA Disability Compensation, CRSC, and CRDP, have very diverse outcomes for military divorces. Martin to pay Mrs. VA Waiver and Retired Pay. He started receiving CRSC shortly after the divorce. ”. Veterans with a 100% disabled rating by VA can claim full CRDP without necessarily having to be phased in. R. It is non-taxable, and retirees must apply to their Branch of Service to receive it. Life changing events often. Post Nov 12, 2010 #1 2010-11-13T00:26. Your monthly CRSC amount cannot exceed the lesser of your monthly gross retired pay or. This represented her share of the community income earned during their three years of separation. 2. Concurrent Receipt allows military retirees to receive both their retired pay and VA disability compensation concurrently without a reduction in your retired pay amount. zta. This is an exception to the general rule that prohibits a veteran from receiving payment from both. 1,958 828. Minority Discount in a Divorce in Arizona | The Ruling. Matteson, 45 Ariz. DD 149. ” App. Creditor relied on Arizona Revised Statutes §25-215. Survivor Benefit Plan. The most well-known program, VA disability, is not limited to war wounds, but is available to any member or retiree who has a service-connected medical condition. First, you should know a spouse is free to use his or her separate money to buy real property for the couple. Decision. The take away from this case is that an Arizona divorce court may order a party to return the other person’s sole and separate property to enforce the property settlement agreement in Arizona and, further, can order the parties to exchange items of community assets that are in the other’s possession. Please send your check or money order with the payment coupon to: Defense Finance and Accounting Service, DFAS-CL. 75 longevity portion of retirement pay. 92, 39 P. However, a court can fashion an equitable division that is not equal after considering the length of the marriage, the. VA disability compensation is not a part of. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. Martin to pay Mrs. Program History Enacted by Congress on December 2, 2002, the Combat-Related Special Compensation (CRSC) program restores military retired pay to eligible retired veterans with Service Connected. DD 2866. Congress has explicitly stated that CRSC is “not retired pay. Total amount received from DFAS each month: $2000 remaining retired pay plus $1000 CRSC = $3000. 20 NORTHWARD. It allows some former spouses (through a court order) to be awarded a share of military retired pay, either from the member or by direct payment from DFAS (Defense Finance and Accounting Service) and to obtain medical care and certain other benefits. The Arizona Court of Appeals in the case of Hutki v. S. 30. The first is the “present cash value method”. Overview. He will receive the higher $3750/mo, and since the full payment is based upon the percentage of disability, none is divisible in a divorce. Both programs restore military retirement pay which is offset when a retiree accepts compensation from the VA for a disability. Mrs. Applying for CRSC. Message. PER. indianapolis-in. C. the CRSC pay election (which he already had) and ordered Husband to pay Wife still more attorney fees. Arizona is a community property state. Another avenue is using what is called a ‘Verification of Pay’ letter, which DFAS also offers military retirees on the myPay platform. By contrast, combat-related special compensation, or CRSC is a compensation program solely for "purple heart" injuries, those injured in combat. O. Howell No CV 15-0030-PR (Filed December 2, 2015), the Arizona Supreme Court discussed what happens when part of a veteran’s retirement pay is awarded to the spouse in a divorce decree before the veteran waives a part of it for disability benefits. In our discretion, we decline to award Wife attorney’s fees under A. He also contends the court erred by not reducing or eliminating his spousal. g. 20. Winters, 298 P. Bobrow, 241 Ariz. Application for Correction of Military Record. Once you have identified your target separation date, your retirement process should include: The pre-retirement package. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaRetired or Annuitant Pay (i. 00 from DFASIn Arizona, each spouse is a co-owner of all property earned by the other spouse during marriage. Calculating CRSC: (1) Subtract each disability percent from 100% to obtain the remaining efficiencies. 00 high three = $1089. P. C. Military Retirement Pay. C. The Arizona Court of Appeals affirmed the ruling of the lower court. The Arizona Court of Appeals in the case of Schickner v. In my divorce decree of April 25, 2011 from the Montgomery County, TX court, I was ordered to pay my ex-wife the following amounts: 1. Please identify yourself as a Gray Area Retiree. § 25-324. Bobrow, 241 Ariz. For years spouses could not get any share of a retirees "retirement" because technically retired pay is really retainer pay. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by. Concurrent Retirement and Disability Payments (CRDP) – this is for those with a VA rating of 50% or more. The military spouse has at least 20 years of creditable service towards determining retirement pay; 2. "Concurrent receipt" is the restoration of Service retired pay that’s docked due to receipt of VA disability compensation. Let’s talk about CRSC pay and divorce in Arizona. Married couples seeking dissolution of marriage in the state of Arizona go through. He will receive the higher $3750/mo, and since the full payment is based upon the percentage of disability, none is divisible in a divorce. mbx. In 1999 I was rated at 100%. The most common election for a retiree to make is for only his or her spouse to be covered based on full retired pay. mil. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. C. Learn About Military Retirement Pay, the USFSPA, and Divorce in Arizona from Our Arizona Divorce Attorneys at Hildebrand Law, PC. S. In my divorce decree of April 25, 2011 from the Montgomery County, TX court, I was ordered to pay my ex-wife the following amounts: 1. The exact division is generally left to the discretion of the trial court. Hardship Duty Pay, which is $100 per month in Iraq or Afghanistan. Clark Street, Suite 3300 Chicago, ILLS 60602The court must divide the couple's entire marital estate, which includes assets and debts. mil OR Postal system: COMMANDER CG PERSONNEL SERVICE CENTER (PSC-PSD-MED) US COAST GUARD STOP 7200 2703 MARTIN LUTHER KING JR AVE SE WASHINGTON,. All other VA compensation (e. First, in order for the 20/20/20 Rule to be in play, the following criteria must be met: 1. member eligible for both CRSC, as provided by section 1413a of title 10, United States Code, and Special Compensation for Severely Disabled retirees (SCSD), as previously provided by section 1413 of title 10, United States Code, may not receive both. Licensed for 15 years. CRSC is not considered service retired pay by law and does not fall under the USFSPA. Call us today at (480)305-8300 or complete our new client form to learn how much you or your spouse will receive from a pension in a divorce in Arizona. Porter and Mrs. That means that all money earned by either spouse during the marriage belongs equally to both. Hutki answered that question. However, special circumstances exist in certain cases of military benefits, such as Combat-Related Special Compensation payments and other forms of military disability payments that may not be divided in an Arizona divorce. Winters, 298 P. It allows states to divide military disposable retired pay as marital property upon divorce. In the decree of dissolution, the trial court divided the parties’ community property. By his election, John waived about $250 of his retirement pay, which also reduced the value of Sandra’s 50% share. Mrs. 4) Selling your house after divorce may be more difficult due to a lack of cooperation from a spouse due to hurt feelings stemming from the divorce litigation. Consequently, Diane’s monthly share. If you have questions about filing a homestead and separate property in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. In Arizona, the earnings of the spouses during marriage are community property. I am a 100% Disabled Vet. In Arizona, a divorce court must divide a home that is marital property equitably, which means equally absent other factors. Schickner addressed whether the profits of a business earned between the date the Petition for Dissolution of Marriage i s served on the other spouse and the date. Veteran would likely waiveWhat happens to a divorce decree when I switch over to CRSC? I pay 50% of my Army pension in alimony. 794d), DFAS is committed to ensuring that AskDFAS functionality and content is accessible to all customers. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaWith the exception of Arizona -- due to a misguided 2010 law enacted by the Arizona legislature -- every state in the nation (to the best of my knowledge) allows divorce courts to "CONSIDER" VA disability compensation as "income" for purposes of fixing child and spousal support amounts. to 5:00 p. (Va. Court orders enforceable under the USFSPA include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such. Proving Separate Property in an AZ Divorce | Hildebrand Law, PC. Mar 24, 2012 #1. Czarnecki in 1973. Avvo Rating: 10. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. Under the USFSPA, state courts can treat a military pension as property that is subject to the division of assets. Your monthly CRSC amount cannot exceed the lesser of your monthly gross retired pay or. section508@mail. 52 judgment awarded to Wife. CRSC is special disability compensation paid to those with combat-related disabilities and a VA disability rating of at least 10%. For more information on CRSC, see our Combat-Related Special Compensation (CRSC) & Divorce article in the Military Divorce Guide. Provide a survivor annuity payable upon the death of an employee or retiree. Van Loan 569 P. Mr. NO. This appeal concerns the interpretation of a divorce decree providing Claire L. When preparing for division of disposable military retired pay in divorce, § 641 of NDAA 17 mandates using the service member’s current pay grade and years of service and retired-pay cost-of-living adjustments (COLA). Czarnecki retired from the military that same year and received retirement benefits. The Arizona Supreme Court affirmed the family court’s decision. 8899 E 56th Street. member’s/retiree’s retirement pay as a part of a divorce property settlement in a community property state,2 because then-current federal law did not authorize the treatment of military retired pay as divisible property in such a settlement. Since the community expired when the wife died, it was not possible to hold the husband liable. I understand CRSC is not a pension and isHowell, is a case arising out of Arizona where a retired Air Force veteran received a 20% disability rating for a shoulder injury. Changes in the size of your family can affect several aspects of your retired pay account. CRSC Pay Statement STATEMENT EFFECTIVE DATE APR 21, 2006 PAYMENT DATE MAY 01, 2006 SSN 123-45-6789 RETIREE’S NAME AND ADDRESS HOW TO CONTACT US PLEASE REMEMBER TO NOTIFY DFAS OF YOUR ADDRESS CHANGESIt is common to have a lower CRSC rating than a CRDP rating, since not all VA service connected disabilities are combat-related. Exceptions may occur in situations. Combat-Related Special Compensation (CRSC) is one of two forms of concurrent receipt. This legislation expands eligibility to medical retirees with less than 20 years of service, effective 1 January, 2008. If you served. It is not an asset which can be divided at divorce as marital or community property. To be eligible for CRSC, one must be a member of the uniformed services who is entitled to retired pay and who has a combat-related disability. S. All 20 years of marriage overlap the 20 years of creditable (Active. 8899 E 56th Street. In accordance with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U. Robertson, No. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. As a result, defendant’s retirement benefits decreased, which in turn decreased the share of the retirement benefits payable to plaintiff. If so, the net difference to you is less than $100 a month which you will spend answering her lawyer. You receive your full military retirement pay (taxed of course) and your full VA disability payments through the CRDP program. (Arizona) Military Law; Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+. This creates issues if a former spouse was awarded a portion of the veteran’s military retired pay in a divorce. Arizona rulings have recognized the community may gain a community property lien against the sole and separate property of a spouse if either spouse, through labor, effort, or payment of community money, increasing the value of a. The experienced Arizona divorce attorneys at Hildebrand Law, PC have over 100 years of combined experience calculating the division of pension benefits in a divorce in Arizona. If you have questions about the division of deferred retirement option plans in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. If the spouse can “cash in” the paid time off in the future, it is community. , v. Garrett, 683 P. Learn About Calculating a Community Property Lien on a Depreciating Asset in Arizona from the Experienced Attorneys at Hildebrand Law, PC! When Robert and Diane Merrill divorced in 1993 the family court awarded each party one-half of Robert’s military retirement pay (MRP) disability benefits as their separate property. It provides a method of enforcing these orders through the Department of Defense. § 25-318. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizona The Arizona Court of Appeals in the case of Bell-Kilbourn vs. Understand Your Rights to Disability Pay in a Military Divorce. To submit a claim, complete a DD Form 827 (Application for Arrears in Pay) and submit by mail to DFAS Retired and Annuitant Pay, 8899 E 56th Street, Indianapolis, IN 46249-1300, or via fax at 1-800-982-8459 (toll free). The husband admitted in a verified answer that the retirement account was community property. C. purposes: retired pay was deferred compensation for a career of service, while disability compensation was to account for loss future earning power. Monthly CRSC Payment. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaThe Amended Judgment Contained Five Major Provisions: (1) Elmer and Mary would live separately; (2) Mary released Elmer from the $36,000 due in support; (3) Mary was deeded the family home, household furnishings, and automobiles as her sole and separate property; (4) Mary would receive custody of the minor children;Calculating a Property Equalization Payment in Arizona. Call us today at (480)305-8300 or reach out to us through. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. In a divorce, the court divides the money and assets between the spouses equitably. Either (A) complete Part I of the Retiree Change of Address/State Tax Withholding Request (DD2866), sign and date, and mail or fax it. VA compensation can be garnished if the Retired Soldier waived all or part of their retired. (2) They can own it separately as separate property. 1— Division of Military Benefits Upon Divorce 11. 3 In reaching this ruling, however, the court did not necessarily endorse its social impact. (619) 371-9231. The Department of Veteran Affairs (VA) ranks the severity of these disabilities from zero to 100 percent. Retirees will see the change in their Dec. In addition, debts due the government may be collected from CRSC, including overpayments of retired pay or erroneous payments of CRSC, by means of an administrative offset. Rowe was faced with an appeal concerning the characterization of a business as Husband’s sole and separate. 5-11. The Arizona Superior Court agreed with Sandra that she was still entitled to half of what John’s retirement pay was before his decision to waive part of it in favor of disability pay. 108-136, the 2004 National Defense Authorization Act), the VA waiver has been phased out for a normal military retiree (i. Our Arizona community property and family law attorneys have over 100 years of combined. From what I understand, my friend was married for thirty years, got divorced and wife received half of his military retirement. Kunz, 79 P. DFAS reitrement $418*. § 1413a(b)(2) Since CRSC is not “retired pay,” it cannot be “disposable retired pay” under USFSPA. A. In addition, debts due the government may be collected from CRSC, including overpayments of retired pay or erroneous payments of CRSC, by means of an administrative offset. S. Schickner addressed whether the profits of a business earned between the date the Petition for Dissolution of Marriage i s served on the other spouse and the date. S. deducted from retired pay (including CRDP) or from CRSC. The court held that the original divorce decree had given Sandra a “vested” interest in the prewaiver amount of that pay, and ordered John to ensure that Sandra “receive her full 50% of the military retirement without regard for the disability. When a marriage ends in Arizona, both the community assets and the community debts are divided between the spouses. 3500 x 0. App. Mr. Q. When I retired from the USAF I was awarded 60% in 1995. Inside this installment, Janice Boback details the latest developments on Armament Disability in Divorce. He started receiving CRSC shortly after the divorce. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonapensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaBeneficiary Designations After Divorce in Arizona From Hildebrand Law, PC. 00 each of the $100,000. In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. C. The court ordered the sale of the condominium. As a result, defendant’s retirement benefits decreased, which in turn decreased the share of the retirement benefits payable to plaintiff. Disposition. C. CSRS Benfits in an Arizona Divorce. § 1413a(c)(1)(2). It is not an asset which can be divided at divorce as marital or community property. Husband appealed. A member may not be paid CRSC unless he or she has applied for and elected to receive compensation under the CRSC program by filing an application on DoD (DD) Form. CRSC Eligibility . CRDP CRSC FAQs. Mansell, 490 U. Combat Related Special Compensation (CRSC): These payments are non-taxable. S. The wife asked for the court to divide the retirement as community property. In 2005, John waived $250 of his $1,500 retirement pay so that he could receive $250 as disability benefits. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizona In the case of Howell v. In Arizona law, for example, the marital portion is a community asset to be divided equally between the spouses. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. This put. S. Combat-Related Special Compensation, also known as CRSC, is a tax-free entitlement that is paid out each month for non-disability and disability military retirees who have a combat-related disability. Combat Related Special Compensation (CRSC) – the focus of this article. R. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. Support award are based primarily on the parents' joint income and the number of children involved. = (equals) Current tax-exempt gross pay. These factors make the calculation of CRSC more complex than CRDP, as every veteran’s situation may be different. The chart below presents the CRSC payment rates for 2023 based on different VA Disability Ratings: VA Disability Rating. Mansell ruled that member’s/retiree’s retired pay was not subject to a divorce settlement in community property states like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Meister addressed the analysis a judge should apply when choosing the valuation date of a business in an Arizona divorce. They include the divorce papers that the couple files in. Using Community Funds to Pay a Mortgage on a Spouse's Sole and Separate House From the Experienced Arizona Community Property Lawyers at Hildebrand Law, PC. It is a special entitlement payment and is not taxed. The Court discussed A. It awards half of that amount to the nonemployee spouse in the form of equivalent property. The Short Answer. C. Federal law – in particular, the Uniformed Services Former Spouses’ Protection Act, found at 10 U. The amount of money the former spouse becomes entitled to will be determined by the judge rendering the final divorce decree. In Arizona, the divorce judge usually divides community property and community debt between spouses in a dissolution decree. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. 2d 214, 116 Ariz. To speak with a Customer Service Representative, use the voice or touchtone prompts below: If reporting a death or. Though the couple was divorced, Lazar’s name remained without change as beneficiary on the IRA. Wife appealed the decision to the Arizona Court of Appeals, contending the trial court undervalued the community’s interest in the two businesses; specifically asserting the trial court applied a minority share discount in contravention of Arizona law. 2d 132 (1948) the Arizona Supreme Court considered the fairness of a property division in an Arizona divorce. In Van Loan v. CRSC is considered "special compensation" and not retired pay, it is not subject to the Uniformed Services Former Spouse Protection Act (USFSPA). SimmonsThe retired pay for retirees with 50%-90% VA-rated disability is restored by the Concurrent Retirement and Disability Payments on a graduated schedule for ten-year. Under the USFSPA, state courts can treat a military pension as property that is subject to the division of assets. They are responsible for paying any money they may owe you. So, the current status is CRDP is divisible in all cases where the Servicemember retired for longevity but in is not divisible in any Chapter 61 disability retirement. In the case of Lightning Delivery Co. This can only be rebutted by clear and convincing evidence to the contrary. CRSC 1. R. He then waived $250 in pension compensation for $250 in tax free VA disability benefits. 2d 1166 (Ariz. If you have questions about sharing a personal injury settlement in an Arizona divorce.