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Ashley Elizabeth Sample v. Robert Shayne Sample

Tenn. Ct. App.September 4, 2018No. M2017-02409
Mixed ResultUnited States Army
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Case Details

Judge(s)
Judge Arnold B. Goldin
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal of trial verdict - affirmed in part, reversed in part, vacated in part

Related Laws

No specific laws identified for this ruling.

Outcome

In a military divorce case, the appellate court affirmed the trial court's award of a portion of husband's military retirement pay and VA disability pay to the wife, but reversed and vacated certain determinations regarding the calculation method, residential parenting schedule, and child support obligations.

Excerpt

Husband, a member of the United States Army, and Wife divorced. The trial court awarded Wife a portion of Husband's military retirement pay, including his VA disability pay. Husband took issue with the trial court's method of calculating Wife's share of his retirement pay, as well as its determinations as to the residential parenting schedule and child support obligations. For the reasons stated herein, we affirm in part, reverse in part, and vacate in part.

What This Ruling Means

**What This Case Was About** This was a divorce case involving a U.S. Army servicemember and his wife. When they divorced, the trial court awarded the wife a portion of her husband's military retirement benefits, including his VA disability payments. The husband disagreed with how the court calculated the wife's share of his retirement pay and also challenged the court's decisions about child custody arrangements and child support payments. **What the Court Decided** The appeals court gave a mixed ruling. They upheld the trial court's decision to give the wife a portion of the husband's military retirement pay and VA disability benefits. However, they reversed some of the trial court's decisions about how to calculate the wife's share and sent back the custody and child support issues for reconsideration. **What This Means for Workers** This case shows that military retirement benefits and VA disability pay can be divided during divorce proceedings. For servicemembers and veterans, this means these benefits may not be entirely protected from division in a divorce. Spouses of military personnel should know they may be entitled to a portion of these benefits. The case also demonstrates that courts will carefully review how retirement benefits are calculated to ensure fairness.

This summary was generated to explain the ruling in plain English and is not legal advice.

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