MERRILL v. MERRILL

No. CV-15-0028-PR.

362 P.3d 1034 (2015)

In re the Marriage of Diane MERRILL, Petitioner/Appellee, v. Robert Kenneth MERRILL, Respondent/Appellant.

Supreme Court of Arizona.

December 15, 2015.


Attorney(s) appearing for the Case

James S. Osborn Popp (argued), Popp Law Firm, PLC, Tempe, for Diane Merrill.

Keith Berkshire (argued), Maxwell Mahoney , Berkshire Law Office PLLC, Phoenix, for Robert Kenneth Merrill.

Justice TIMMER authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER and Justices BRUTINEL and BERCH (retired) joined.


¶ 1 Federal law prohibits courts in marital dissolution proceedings from dividing any portion of military retirement pay ("MRP") waived by a retired veteran to receive Combat-Related Special Compensation ("CRSC") benefits pursuant to 10 U.S.C. § 1413a. Arizona...

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