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IN RE MARRIAGE OF HOWELL

No. CV-15-0030-PR.

361 P.3d 936 (2015)

In re the Marriage of Sandra HOWELL, Petitioner/Appellee, and John Howell, Respondent/Appellant.

Supreme Court of Arizona.

December 2, 2015.

Attorney(s) appearing for the Case

Charles W. Wirken (argued), Gust Rosenfeld PLC, Phoenix, Attorney for Sandra Howell.

Barry G. Nelson, Law Office of Barry Nelson, Cortaro; and Keith Berkshire (argued), Maxwell Mahoney, Berkshire Law Office, PLLC, Phoenix, Attorneys for John Howell.

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 service-related disability benefits. In 2010, the Arizona Legislature enacted A.R.S. § 25-318.01 to prohibit courts from "making up...

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