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Legal Opinion

Merrill v. Merrill

Court of Appeals of Arizona

Decided August 9, 2012No. 1 CA-CV 11-0103PublishedCited by 8 opinions

1Opinion of the Court

OPINION

JOHNSEN, Judge.

¶ 1 In this ease we revisit the post-decree right of a former spouse to a share of the other spouse’s military retirement benefits when the retiree has waived retirement pay in favor of a tax benefit afforded to him as a disabled veteran. We hold the military retiree must make his former spouse whole to the extent his unilateral decision to receive the tax benefit has reduced her share of his retirement benefits.

FACTS AND PROCEDURAL HISTORY

¶ 2 Diane and Robert Merrill (“Wife” and “Husband,” respectively) married in 1963. Husband is a West Point graduate who was injured…

2Cases cited18 opinions

  1. Mansell v. MansellSupreme Court of the United States · 1989
  2. Johnson v. JohnsonTennessee Supreme Court · 2001
  3. Canon School District No. 50 v. W.E.S. Construction Co.Arizona Supreme Court · 1994
  4. State v. GomezArizona Supreme Court · 2006
  5. Johnson v. JohnsonArizona Supreme Court · 1981

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3Cited by8 opinions

  1. In re the Marriage of JohnsonCourt of Appeals of Arizona · 2012
  2. In Re Marriage of DougallCourt of Appeals of Arizona · 2013
  3. Marriage of ChapmanCalifornia Court of Appeal · 2016
  4. Yee v. YeeCourt of Appeals of Arizona · 2021
  5. Curtis v. ThomasCourt of Appeals of Arizona · 2019

3 more not listed; retrieve them via the Exa API.

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