Marriage of Mattson v. Mattson

OPINION

JESSON, Judge

Mark Mattson asserts that federal law renders unenforceable the district court’s judgment directing him to pay Diana Berberich 40% of his. military disability compensation. In light of the recent United States Supreme Court decision, Howell v. Howell, — U.S. —, 137 S.Ct. 1400, 197 L.Ed.2d 781 (2017), we agree. Federal law preempts state courts from dividing a veteran’s military disability' compensation as marital property, even where, as here, the parties agreed to the division. As a result, we reverse and remahd for entry of judgment reflecting the unenforceability of…