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MERRILL v. MERRILL

No. 1 CA-CV 11-0103.

284 P.3d 880 (2012)

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

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

August 9, 2012.

Attorney(s) appearing for the Case

Popp Law Firm PLC By James S. Osborn Popp, Tempe, Attorneys for Petitioner/Appellant.

Law Offices of John R. Zarzynski By Georgia A. Wilder, Phoenix, Attorneys for Respondent/Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 In this case we revisit the post-decree right of a former spouse to a share of the other spouse's military retirement benefits when the retiree has waived retirement pay in favor of a tax benefit afforded to him as a disabled veteran. We hold the military retiree must make his former spouse whole to the extent his unilateral decision to receive the tax benefit has reduced her share of his retirement benefits.

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