Davis v. Davis

OPINION OF THE COURT

The question is whether veterans’ disability benefits, received by a veteran as a result of his election to waive retirement benefits in a like amount may be treated as divisible marital property in a divorce proceeding. The Court of Appeals held that such disability benefits were not subject to division as marital property. We granted discretionary review. Upon the joint motion of the parties we abated review pending the decision of the United States Supreme Court of precisely the same question. In Mansell v. Mansell, — U.S.-, 109 S.Ct. 2023, 104 L.Ed.2d 675 (decided May…