Arizona Military Divorce Laws

Arizona Military Divorce Information

When looking for Arizona military divorce information or specifically how Arizona applies the USFSPA in a military divorce, several cases (stated below) repeatedly arise in decree discussions.

Arizona courts have held that military retirement pay is divisible as community property between the service member and military spouse. (Arizona is also a no fault state which means both parties may date while divorce is pending.)

Arizona has interesting law cases concerning a satisfactory meeting of the former spouses interest in the military retired pay property settlement when the service member wishes to continue working.

Arizona recognizes that should the service member continues working, a former military spouse would never receive the court ordered entitlement. This issue is also raised in Military Divorce Tips along with possible ideas for a solution.

Military Divorce Cases Setting Precedent in Arizona

The following are Arizona court cases with some highlights of divorce issues:

  • 1977 Van Loan v. Van Loan, 116 Ariz. 272, 569 P.2d 214; set nonvested military pension as community property
  • 1979 Buttram v. Buttram,122 Ariz. 581, 582, 596 P.2d 719, 720 (1979): Increased spousal maintenance cannot justify depriving a spouse of his or her property right.
  • 1980 In re Marriage of Foster,125 Ariz. 208, 608 P.2d 785 (App. 1980): property division and spousal maintenance are two separate and distinct considerations at dissolution.
  • 1983 DeGryse v. DeGryse, 135 Ariz. 335, 661 P.2d 185
  • 1984 Edsall v. Superior Court of Arizona, 143 Ariz. 240, 693 P.2d 895
  • 1984 Haynes v. Haynes,148 Ariz. 191, 195, 713 P.2d 1249, 1253.
  • 1986 Koelsch v. Koelsch, 148 Ariz. 176, 713 P.2d 1234; civilian retirement plan case where the court ordered that ex-spouses must begin receiving their portion of divided property when the employee becomes eligible for retirement, regardless of whether he or she actually retires

Note: This page will be edited as more case information and links becomes available.

You can contribute additional 2013 Arizona military divorce information (or prior years) using our submission form.


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