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SHELTON v. SHELTON

No. 37483.

78 P.3d 507 (2003)

Maryann C. SHELTON, n/k/a Maryann C. Mitchell, Appellant, v. Roland A. SHELTON, Respondent.

Supreme Court of Nevada.

October 29, 2003.

Attorney(s) appearing for the Case

Amesbury & Schutt and David C. Amesbury, Las Vegas, for Appellant.

Leavitt Law Firm and Glenn C. Schepps, Las Vegas, for Respondent.

Before AGOSTI, C.J., SHEARING and BECKER, JJ.

OPINION

SHEARING, J.

The principal issue in this appeal is whether relief is available to a former spouse when a veteran unilaterally waives his military pension in order to receive disability benefits, resulting in the former spouse's loss of her community share in the pension. We conclude that, although courts are prohibited by federal law from determining veterans' disability pay to be community property...

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