Shelton v. Shelton

OPINION

By the Court,

Shearing, J.:

The principal issue in this appeal is whether relief is available to a former spouse when a veteran unilaterally waives his military pension in order to receive disability benefits, resulting in the former spouse’s loss of her community share in the pension. We conclude that, although courts are prohibited by federal law from determining veterans’ disability pay to be community property, state law of contracts is not preempted by federal law. Thus, respondent must satisfy his contractual obligations to his former spouse, and the district court erred in denying…