Thurgood Marshall

“ The amount of disability benefits a veteran is eligible to receive is calculated according to the seriousness of the disability and the degree to which the veteran's ability to earn a living has been impaired. ”

“ Sections 1408 (c) (2) , (c) (3) , and (c) (4) impose new substantive limits on state courts' power to divide military retirement pay. Section 1408 (c) (2) prevents a former spouse from transferring, selling, or otherwise disposing of her community interest in the military retirement pay. [10] Section 1408 (c) (3) provides that a state court cannot order a military member to retire so that the former spouse can immediately begin receiving her portion of military retirement pay. [11] And § 1408 (c) (4) prevents spouses from forum shopping for a State with favorable divorce laws. ”

“ Their marriage ended in 1979 with a divorce decree from the Merced County, California, Superior Court. At that time, Major Mansell received both Air Force retirement pay and, pursuant to a waiver of a portion of that pay, disability benefits. Mrs. Mansell and Major Mansell entered into a property settlement which provided, in part, that Major Mansell would pay Mrs. Mansell 50 percent of his total military retirement pay, including that portion of retirement pay waived so that Major Mansell could receive disability benefits. ”

“ Members of the Armed Forces who serve for a specified period, generally at least 20 years, may retire with retired pay. 10 U.S.C. § 3911 et seq. (1982 ed. and Supp. V) (Army) ; § 6321 et seq. (1982 ed. and Supp. V) (Navy and Marine Corps) ”