Unless otherwise excluded by law, military retired pay must be considered by the circuit court in dividing the property in a divorce proceeding.
A divorcing spouse’s military disability pay must be treated as that spouse’s separate property, even though he or she has voluntarily chosen to receive such pay instead of an equivalent amount of divisible retirement pay.
Federal statutory scheme protects federal retirement benefits from division upon divorce.
Mansell controls receipt of veteran disability benefits received as a result of a waiver of divisible retirement benefits – not subject to division as marital property.
Mansell is controlling.
Colorado adopts majority rule that non-vested military pension is divisible marital property to the extent that it was earned during the marriage.