Barron v. Barron, 246 Ariz. 449

Summary

The Arizona Supreme Court held that federal law does not permit a state court to order a military spouse who continues active-duty service past an eligible retirement date to make payments equivalent to the former spouse’s share of military retirement pay. The court vacated the relevant portion of the dissolution decree and remanded for further proceedings, while allowing an award of a former spouse’s share of military retirement pay that does not require payment until the service member retires.

Holdings

1. Federal law does not permit a state court to order a military spouse to pay a former spouse the equivalent of military retirement benefits when the military spouse continues working past an eligible retirement date without retiring.
2. Before a military spouse retires, a state court may enter an order awarding a former spouse a share of military retirement pay, but the order cannot require payment until the military spouse retires and becomes entitled to receive the benefits.

Questions Presented

1. Whether federal law permits a state court to order a military spouse who continues active-duty service past an eligible retirement date to make payments equivalent to the former spouse's anticipated share of military retirement pay.
2. Whether the Uniformed Services Former Spouses' Protection Act permits state courts to divide military retirement pay before the military spouse has retired and become entitled to receive it.

Disposition

vacated