MANSELL V. MANSELL
490 U.S. 581 (1989)
NATURE OF THE CASE: This was a dispute over military retirement pay.
FACTS: Veterans who become disabled as a result of military service are eligible for
disability benefits, which are calculated according to how serious the disability is and the
impairment in the veteran's ability to earn a living. Military members may also earn pension
upon 20 year or more of service. To prevent double dipping between disability pay and
retirement pay, a military retiree may receive disability benefits only to the extend he
waives a corresponding amount of his retirement pay. Disability benefits are exempt from
taxes and as such, most retirees take those instead of retirement benefits. Gerald (H) and
Gaye (W) were marred for 23 years with six children. Their marriage ended in divorce in
1979. H obtained the rank of Major, received both retirement pay, and pursuant to a waiver
disability pay. W and H entered into a property agreement in which H would pay W 50% of
retirement pay including that portion waived so that H could receive disability benefits. In
1983, H asked the court to modify the divorce decree by removing the provision that required
him to share his total retirement pay; the court denied that request. H appealed. The
Supreme Court of California eventually denied H's petition for review. The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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