Van Loan v. Van Loan

The decision by the majority today condones a judgment of the Superior Court which amounts to the confiscation of the appellant’s separate property. It has been the law of this state from statehood that in a divorce action the Superior Court may not divest the parties of their separate property. This is confirmed in the current statute. A.R.S. § 25-318. The formula used by the Superior Court to provide a division of the appellant’s military retirement is fundamentally wrong and results in the loss of the appellant’s separate property.

The majority seek to ignore this important question on the…