Mansell v. Mansell

Retired Air Force Major Gerald Mansell (plaintiff) waived a portion of his retirement pay to receive disability benefits; his divorce decree ordered him to pay his ex-wife Gaye (defendant) 50 percent of his total retirement pay, including the portion he'd waived for disability purposes. He petitioned to modify the decree to exclude the waived portion from the split; California's courts denied relief and the state supreme court denied review, and the U.S. Supreme Court granted certiorari.