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DAVIES v. BERES

No. 1 CA-CV 08-0697.

233 P.3d 1139 (2010)

In re the Marriage of Lori A. DAVIES, Petitioner/Appellee, v. Mark W. BERES, Respondent/Appellant.

Court of Appeals of Arizona, Division 1, Department E.

June 8, 2010.

Attorney(s) appearing for the Case

Mark W. Beres, Tucson, In Propria Persona.

Platt & Westby, PC By Bryan L. Eastin, Phoenix, Attorneys for Petitioner Appellee.

Gust Rosenfeld, PLC By James H. Marburger, Phoenix, Attorneys for Amicus Curiae ULSG, LLC.

OPINION

OROZCO, Judge.

¶ 1 Mark W. Beres (Husband) appeals the decision of the family court which concluded that post-dissolution military Temporary Disability Retired List (TDRL) benefits were partially community property, subject to apportionment. For the reasons that follow, we conclude TDRL benefits are the separate property of the disabled spouse. Accordingly, we vacate the order of the family court in part and remand for additional proceedings...

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