Howell v. Howell

John Howell (plaintiff) divorced Sandra Howell (defendant) under a decree awarding Sandra half his future military retirement pay; after 13 years of Sandra receiving her share, John elected disability benefits, which federal law required him to obtain by waiving an equivalent portion of his retirement pay, reducing Sandra's share by $125/month. Sandra sought to enforce the original decree, and the family court ordered John to keep paying the original amount; the Arizona Supreme Court affirmed, reasoning John waived the pay only after the family court had already divided it, so the waiver couldn't retroactively reduce Sandra's award. The Supreme Court granted certiorari given a split among states.