That posture is under challenge. Martin to pay Mrs. Indianapolis, IN 46249-1200. Survivor Benefit Plan. If you are eligible for both CRSC and CRDP, you may only receive pay for one. The disability is considered to be combat- related. It sent the case back down to the divorce court to apportion the $79,000 between separate and community property. There is still $875 remaining in retired pay waiver ($1,000 - $125). It is a special entitlement payment and is not taxed. 3. C. Divorce / Separation Lawyer in San Diego, CA. (3) Subtract the result from 100%. for Cert. DFAS will pay. 5. Avvo Rating: 10. Anderson, 256 P. 2d 712 (1953), the Arizona Supreme Court considered the question of whether Arizona courts would enforce an agreement made by an unmarried, cohabiting couple to pool their earnings and share equally in all assets gained during their time together. Types of Business Appraisals in an Arizona Divorce From Hildebrand Law, PC. entitled to VA disability compensation retroactive to the effective date of his retirement on June 28, 2014, pursuant to 38 U. Send feedback or concerns related to the accessibility of this website to the DFAS 508 coordinator at: dfas. App. Murin took title to the whole property in the divorce. 60. If the spouse can “cash in” the paid time off in the future, it is community. The law, Mr. The court held that the original divorce decree had given Sandra a “vested” interest in the prewaiver amount of that pay, and ordered John to ensure that Sandra “receive her full 50% of the military retirement without regard for the disability. However, it is still within the judge’s. 7% of my retirement pay by a North Dakota Court. This put. Monahan responds that any defect was cured when Mr. Please identify yourself as a Gray Area Retiree. For information on division of retired pay as property in a divorce, see Chapter 12. S. Survivor Benefit Plan. Martin to pay Mrs. Arizona rulings have recognized the community may gain a community property lien against the sole and separate property of a spouse if either spouse, through labor, effort, or payment of community money, increasing the value of a. 50 per day worldwide. For more information on CRSC, see our Combat-Related Special Compensation (CRSC) & Divorce article in the Military Divorce Guide. The bottom line to the question of whether paid time off, such as paid vacation time, paid sick leave, paid holiday time, or just regular PTO, is divided in a divorce in Arizona depends entirely upon whether the spouse can “cash in” that paid time off or not. Military Retirement Pay. 28,321 DSN002 Retired Pay. Division of Military Retirement in Arizona. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. S. The judge issuing the divorce decree may garnish military retirement pay to provide the former spouse with child support or alimony even if the former spouse does not meet the 10/10 rule requirements. There are two forms of concurrent receipt: Concurrent Retired and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC). Many homeowners are tied to a number that is based on emotion or their financial investment. Husband appealed. This works out because each spouse would have received $50,000. Thereby reducing the amount she would recieve. I do know when he filed for va disability, the more the va awarded the less alimony she received. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. If you are reading this article, you probably know that CSRC refers to Combat-Related Special Compensation pay. § 1110. 00 each of the $100,000. to Pet. member’s/retiree’s retirement pay as a part of a divorce property settlement in a community property state,2 because then-current federal law did not authorize the treatment of military retired pay as divisible property in such a settlement. Fax: 877-622-5930 (toll-free) Please include a return address on all correspondence, not just the return envelope. For military members. 16,854. Kingberry’s name was on the mortgage, however, but only because the lender insisted on it. Husband was receiving miliIn the case of CRSC, this proposition is even clearer. Concurrent Retirement Disability Pay (CRDP) - Must have served at least 20 years, and have a combined VA disability rating of at least 50%. disability that is combat related (CRSC rating) and may not exceed the reduction in retired pay. CRSC is special disability compensation paid to those with combat-related disabilities and a VA disability rating of at least 10%. CRSC $874. Equity in Home: Ability to access equity may be required if the home is not being sold or one spouse wants to purchase before the home is sold or the divorce is final. The CRSC II program was created 1 January 2004 to offer compensation for a larger group of combat-disabled Retirees, including reserve Retirees at the age of 60. As such, it is not considered marital property subject to division in a divorce. 14. In Arizona, the property is categorized as either separate or community. 2348, adopting § 25-530, actually. In a divorce, the separate property belongs to the spouse holding title, while community property belongs to both spouses. The chart below presents the CRSC payment rates for 2023 based on different VA Disability Ratings: VA Disability Rating. In a divorce, the court divides the money and assets between the spouses equitably. VA compensation can be garnished if the Retired Soldier waived all or part of their retired. It allows some former spouses (through a court order) to be awarded a share of military retired pay, either from the member or by direct payment from DFAS (Defense Finance and Accounting Service) and to obtain medical care and certain other benefits. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizona With the exception of Arizona -- due to a misguided 2010 law enacted by the Arizona legislature -- every state in the nation (to the best of my knowledge) allows divorce courts to "CONSIDER" VA disability compensation as "income" for purposes of fixing child and spousal support amounts. During a divorce in Arizona, the equity is often relied upon as a bank account in the property settlement, and to start your new life. receive Combat-Related Special Compensation (CRSC) pursuant to 10 U. (ET). 80%. R. 592, 598–99 (App. 3 (A) (5). After Decedent’s death in 2012, Kroncke requested the IRA proceeds from Schwab. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. CRSC only takes into account your combat disabilities - not all of your disabilities. Passed by Congress in 2008, Combat Related Special Compensation (CRSC) is a program to assist disabled, retired combat veterans. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaThe Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U. First, in order for the 20/20/20 Rule to be in play, the following criteria must be met: 1. 025 = 36. Kunz, 79 P. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by. S. Decision Earnings of either spouse during a marriage are community property in Arizona. In 2004, the Department of Veterans Affairs (VA) found Robert eligible to receive Combat-Related Special Compensation (CRSC). Mansell, 490 U. Combat-Related Special Compensation (CRSC) is a Department of Defense (DOD), not a VA, program under T10 USC §1413a. In the decree of dissolution, the trial court divided the parties’ community property. Customer service representatives are available Monday through Friday from 8 a. The local phone number to reach Retired & Annuitant Pay Customer Service changed. The Standard On-Base Incidental Rate is $3. 4 Discussion Applicability of A. Usually, but not always, compensation for damages including pain and. In Vance-Koepnick v. 8899 E 56th Street. Here are two examples for federal retirees who receive $50,000 annually, illustrated to show full. The first is the “present cash value method”. To submit a claim, complete a DD Form 827 (Application for Arrears in Pay) and submit by mail to DFAS Retired and Annuitant Pay, 8899 E 56th Street, Indianapolis, IN 46249-1300, or via fax at 1-800-982-8459 (toll free). In addition, debts due the government may be collected from CRSC, including overpayments of retired pay or erroneous payments of CRSC, by means of an administrative offset. This is going to mitigate some of those hard feelings your spouse may have about your decision to remove money from financial accounts. 10 U. The disability formula pays $2500 (50% x $5000). He then waived $250 in pension compensation for $250 in tax free VA disability benefits. 2. § 25-318. $756. CRSC is considered "special compensation" and not retired pay, it is not subject to the Uniformed Services Former Spouse Protection Act (USFSPA). In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. It is non-taxable, and retirees must apply to their Branch of Service to receive it. 38 U. I’ve heard that state laws do not take precedence over federal law. Under this method, the court determines the community interest in the pension and its present cash value. Post Nov 12, 2010 #1 2010-11-13T00:26. The difference between these reports is the level of discovery and data that is included, as well as the methods and approaches used to reach the Conclusion of Value or the Calculated Value. (619) 371-9231. ) If either spouse acquired a separate debt, the court will order that spouse to pay it. § 20-107. Czarnecki in 1973. ” App. When I retired from the USAF I was awarded 60% in 1995. Combat-Related Special Compensation (CRSC) is an essential program designed to provide additional benefits to military personnel who have experienced combat-related disabilities. S. R. R. Kratz at (520)577-5155 if you have questions about how to properly divide retirement accounts in an Arizona divorce. John Howell and Sandra Howell divorced in 1991. Chicagol Center Office . The parties were going through a divorce in Arizona. As Arizona is one of nine community property states in the United States, anything earned (or debt incurred) during the marriage is community property and, thus, subject to “equitable” distribution in a divorce. 2. Provide a survivor annuity payable upon the death of an employee or retiree. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaWith the exception of Arizona -- due to a misguided 2010 law enacted by the Arizona legislature -- every state in the nation (to the best of my knowledge) allows divorce courts to "CONSIDER" VA disability compensation as "income" for purposes of fixing child and spousal support amounts. 2023 Cost of Living Adjustment (COLA) Based on the increase in the Consumer Price Index, there will be an 8. He also ordered Mr. "Concurrent receipt" is the restoration of Service retired pay that’s docked due to receipt of VA disability compensation. Application for Correction of Military Record. The amount of money the former spouse becomes entitled to will be determined by the judge rendering the final divorce decree. to ducted be de in 12 equal monthly installment s plus installment interest, either from my retired pay or from my CRSC pay. There is still $875 remaining in retired pay waiver ($1,000 - $125). Creditor relied on Arizona Revised Statutes §25-215. 00 (Gross Retired Pay) Minus VA Pay ($450. Please do not hesitate to call us today at (813) 331-5699 or contact us online. Thereby reducing the amount she would recieve. pay, federal law required John to give up an equivalent amount of re-tirement pay. , Survivor Benefit Plan, incorrect pay, arrears of pay, establishing an annuitant account, CRSC/ CRDP) Copy of Retiree or Annuitant Account Statement; Copy of Death or Marriage Certificates (if applicable) Copy of Divorce Decree (if applicable) Copy of any other applicable court ordersDivision of VA Waiver Payments in a Divorce. 70%. B. The amount of money the former spouse becomes entitled to will be determined by the judge rendering the final divorce decree. 2017). Retirees will see the change in their Dec. The three types of retirement pay discussed here, VA Disability Compensation, CRSC, and CRDP, have very diverse outcomes for military divorces. Mar 24, 2012 #1. Murin cites the Arizona Supreme Court opinion in Rundle v. During a dissolution of marriage case, the trial court must divide the community property between the spouses equitably. In the Hutki case, the husband and the wife reached a rule 69 settlement agreement in their divorce case. Is that true? The law only allows division of “disposable retired pay,” which means the full military pension minus certain deductions. Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today. Please continue reading to learn more about us. C. Press 1 then, Press 1 to request a 1099-R. $2,018. He paid $10,000 from a business fund, gave a note to the seller for $5,000 and borrowed $30,000 from the bank. The combination of CRSC and residual retired pay cannot exceed the longevity amount of 4398. It found that any damages were a community debt. § 25-318, that allows a judge to order the sale of the property as part of a divorce decree. mil. Website. DFAS reitrement $418*. S. Federal law – in particular, the Uniformed Services Former Spouses’ Protection Act, found at 10 U. C. S. A person who murders his spouse is not entitled to. Barron addressed those issues. Rule 33 (A) of the Arizona Rules of Family Law Procedure. 70. Combat-Related Special Compensation (CRSC) grants a monthly, tax-free check to certain veterans with service-connected disabilities. However, sometimes the court omits an asset or a debt. 28a. For purposes of military retirement plans, the 20-year service requirement is calculated using a retired pay multiplier. S. What is My Retired Pay Base? Final Pay: If you entered active or reserve military service before September 8, 1980, your retired pay will be based on your final basic pay. 5% of the $418 depending on how the original divorce agreement reads. Spector, 94 Ariz. Overview. If you chose the Survivor Benefit Plan (SBP) when you retired, you might also need to update your SBP beneficiary. In that case, a wife’s negligent driving of a community car caused injuries to third persons. Go find an experienced family law attorney and get to business. In SPQR Venture, Inc. Chi-town Inner Office . Congress has explicitly stated that CRSC is “not retired pay. S. 108-136, the 2004 National Defense Authorization Act), the VA waiver has been phased out for a normal military retiree (i. 1984), the Arizona Court of Appeals discussed whether legal contingency fees (that is, legal fees that are a percentage-of-recovery) earned by an attorney/spouse after his marriage ended are his alone or community property, when much of the work on the case was accomplished during the. If you or someone you care about is facing a military divorce or family law case, we can help. The court chose sixty days because the original order provided him with sixty days to pay Wife $7,700 for her share of the lawsuit settlement. Or in other words, concurrent receipt reimburses you what the. About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. The two benefits serve the same. Post Apr 23, 2012 #7 2012-04-23T21:08. 55% of my retirement (reference paragraph "… read more P. It provides a method of enforcing these orders through the Department of Defense. Step 1: Military (not VA) disability percentage: %. Federal law – specifically, the Uniformed Services Former Spouses’ Protection Act, found at 10 U. The exact division is generally left to the discretion of the trial court. #9. • In 2003, he was receiving $500 retired pay and $1,000 VA disability compensation. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. R. $2,270. The Arizona Court of Appeals affirmed the ruling of the lower court. ” App. $1,009 - $1,005 = $4If you have questions about s spouse hiding assets in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. In Arizona, the divorce judge usually divides community property and community debt between spouses in a dissolution decree. 52 judgment awarded to Wife. Combat Related Special Compensation (CRSC): These payments are non-taxable. Many times during a dissolution of marriage, the need arises to evaluate a business so the court can determine the community interest in making an equitable distribution of the community assets and debs. Ct. The take away from this case is that an Arizona divorce court may order a party to return the other person’s sole and separate property to enforce the property settlement agreement in Arizona and, further, can order the parties to exchange items of community assets that are in the other’s possession. Norcal vet. In addition, debts due the government may be collected from CRSC, including overpayments of retired pay or erroneous payments of CRSC, by means of an administrative offset. Historically, and to this day, DFAS exempts CRDP received by a Chapter 61 retiree as disposable retired pay subject to division in divorce. To submit a claim, complete a DD Form 827 (Application for Arrears in Pay) and submit by mail to DFAS Retired and Annuitant Pay, 8899 E 56th Street, Indianapolis, IN 46249-1300, or via fax at 1-800-982-8459 (toll free). If the Retirement was awarded to you in those papers then she cannot get the CRSC under any circumstance. Direct remittance members who choose not to have their SBP payments deducted from their VA pay must remit SBP premium payments. The husband admitted in a verified answer that the retirement account was community property. compensation as a divisible asset in a divorce? A. Kunz, 79 P. From what I understand, my friend was married for thirty years, got divorced and wife received half of his military retirement. § 25-324. Cheyenne. 2. Arizona court generally treats it as community property to the. The Court reviewed case decisions about whether one spouse’s personal injury award is the separate property or community property in Arizona. For years spouses could not get any share of a retirees "retirement" because technically retired pay is really retainer pay. It is a special entitlement payment and is not taxed. Concurrent Retirement Disability Payments (CRDP): CRDP is. A court order related to a divorce or separation can affect the following issues: Divide a Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) annuity. Chapter 61 Disability Retirement (PDRL) A Chapter 61 retirement is the classic military disability retirement. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. 3 In reaching this ruling, however, the court did not necessarily endorse its social impact. Call us today at (480)305-8300 or reach out to us through. And retired pay is eligible for division by divorce courts. The Arizona Court of Appeals ruled Arizona Revised Statute section 12-1119 allows a person to file and record a lis pendens in any lawsuit that could affect title to a home or other real estate. How to Apply: The Retirement Process. Husband was receiving mili FYI - Divorce and CRSC Arizona - Veterans Benefits Network The AZ Court of Appeals, back then, ruled that a payor-Husband who reduced military retired pay (MRP) payments to his ex-wife by converting some of those payments to combat-related special compensation (CRSC) payments would have to make up the lost payments to her from some other assets. Your monthly CRSC amount cannot exceed the lesser of your monthly gross retired pay or. Example: $1000. The court awarded assets totaling $184,843 to wife and $215,211 to the husband. Pay (CRDP) Under CRDP, retired pay that was waived to receive disability pay from the Department of Veterans Affairs (VA) is restored to Soldiers in receipt of retired pay who meet the eligibility criteria. For information on division of retired pay as property in a divorce, see Chapter 12. The Arizona Court of Appeals recently reaffirmed a limit on creditors seeking collection of a premarital debt from the marital community. ) + 10% of selected portion of CSRS annuity amount (minus $3600) 5% of annuity amount. To speak with a Customer Service Representative, use the voice or touchtone prompts below: If reporting a death or. retirement pay as part of divorce proceedings. The AZ Court of Appeals, back then, ruled that a payor-Husband who reduced military retired pay (MRP) payments to his ex-wife by converting some of those. You should contact Mr. 00) 25% of (gross) annuity. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by. 48 VA waiver = $1394. Property settlements are just one issue that has to be resolved in the divorce process. In our discretion, we decline to award Wife attorney’s fees under A. What happens to a divorce decree when I switch over to CRSC? I pay 50% of my Army pension in alimony. Every year, on October 1st, the CRSC Pay Chart undergoes an update to accommodate the cost of living adjustment (COLA). It is non-taxable, and. The Arizona Court of Appeals in the case of Hutki v. is no longer receiving Chapter 61 retired pay as calculated under 10 U. Further, CRSC is a form of disability and is not divisible, just as VA Disability is not able to be divided by state courts under the Uniform Former Spouses. Winters, 298 P. C. St. Comparing CRSC and CRDP. Decision Some people ask is separate property liable for community debt in Arizona. Life changing events often. Another avenue is using what is called a ‘Verification of Pay’ letter, which DFAS also offers military retirees on the myPay platform. During the beginning stages of the parties’ divorce the Arizona Superior Court entered temporary orders requiring “(1) Husband pay certain community expenses related to the marital residence, the parties’ insurance, and the parties 2018 quarterly tax payments, and (2) Husband pay Wife $1,000 per month (later increased to $1,500 per. Reviewing your retirement pay myPay account. purposes: retired pay was deferred compensation for a career of service, while disability compensation was to account for loss future earning power. After the passage of the USFSPA, they were deemed community property, and thus that money is now eligible for division during a divorce. Having good information and a clear understanding of CRSC pay can help when dealing with questions about combat-related special compensation. For example, members retired under Public Law 102-484 or Temporary Early Retirement Authority. Veterans with a 100% disabled rating by VA can claim full CRDP without necessarily having. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. $22. Meister addressed the analysis a judge should apply when choosing the valuation date of a business in an Arizona divorce. S. Cleveland OH 44199-8002. m. Dividing business profits during a divorce in Arizona can be a very complicated issue. However, the Court of Appeals said, under the Arizona Supreme Court decision in Toth v. The Arizona Superior Court agreed with Sandra that she was still entitled to half of what John’s retirement pay was before his decision to waive part of it in favor of disability pay. WASHINGTON – On December 16, 2021, a federal court in Texas ordered the government to make retroactive payments of Combat-Related Special Compensation (CRSC) to a class of approximately 9,000 Army, Navy, Marine Corps, and Air Force veterans who had not received the full amount of CRSC they were owed because the. 2In his petition for modification, Kurt states “[o]n August 19, 2010, an Arizona law designated HB 2348 took effect. See full list on military-divorce-guide. 3d 1082 (1999), the appellate court considered a promissory note signed only by one spouse. His decision reduced Sandra’s monthly spousal support by $125 (50% of $250, based on the 50-50 1991 divorce settlement). § 25-530 ¶7 Kurt first contends that pursuant to § 25-530, the trial court improperly considered his CRSC benefits in calculating the. After a petition is filed for divorce, copies of the papers must be served on a spouse unless they waive service and that waiver is filed with the court. pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaRetired or Annuitant Pay (i. Arizona Divorce: Dividing Business Profits. • In 2004, he receives total retired pay of $625 ($500 + $125, the 2004 amount for a 60% disability rating shown above). . 1— Division of Military Benefits Upon Divorce 11. zta. 2. In the FY2003 NDAA, Congress created a benefit known as Combat Related Special Compensation (CRSC). pensions and divorce in arizona; military retirement pay and divorce in arizona; is separate property divided differently than community property in arizona; is arizona a 50-50 state in a divorce; is all property owned by either spouse community property in arizona; interest on a loan between spouses in arizonaLegal documents such as marriage certificates, divorce decrees and birth certificates are essential to processing changes of beneficiary or claims under SBP. 3625 = 1268. Pay to a Former Spouse Apply to CRSC and CRDP. It allows some former spouses (through a court order) to be awarded a share of military retired pay, either from the member or by direct payment from DFAS (Defense Finance and Accounting Service) and to obtain medical care and certain other benefits. If you are going through a divorce, you may have heard about a community lien on sole and separate property in Arizona. S. (2) Multiply the remaining efficiencies together. About R&A Pay. In the left-hand column under the STATEMENTS banner. C. In the left-hand column under the STATEMENTS banner. 1,958 828. The Arizona Court of Appeals’ decision in the case of Rowe v. 28a. Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine. The judge ordered the husband to pay 10% interest on the $37,221. CRSC is not considered service retired pay by law and does not fall under the USFSPA. Married couples seeking dissolution of marriage in the state of Arizona go through the divorce process in the Family Court. The Court of Appeals found it to be irrelevant whether the Husband did or did not have a claim for an equitable lien against the home. 2. A. Concurrent Retirement and Disability Payments (CRDP) – this is for those with a VA rating of 50% or more. November 18, 2022. VA compensation can be garnished if the Retired Soldier waived all or part of their retired pay in order to receive such compensation from the VA. Interest was to begin sixty days after the original decree was entered. When Robert and Diane Merrill divorced in 1993 the family court awarded each party one-half of Robert’s military retirement pay (MRP) disability benefits as their separate property. Generally, a property that is acquired separately remains separate during the marriage. To apply for CRSC, the retiree must submit the completed CRSC Application (DD Form 2860) one of two methods: Email address: ARL-SMB-CGPSC-PSD-CRSC@uscg. 1 CA-CV 14-0341 (App. In that case, a wife’s negligent driving of a community car caused injuries to third persons. A. . ” (See 10 U. Bear in mind, if a retired military individual is availing other disability benefits, such as VA disability compensation or Social Security disability insurance, the CRSC payment might undergo a reduction. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases. An administrative offset of CRSC to collect a debt due the government is subject to the due process requirements of 31 U. Call us today at (480)305-8300 or reach out to us through. 00. C. As a result, defendant’s retirement benefits decreased, which in turn decreased the share of the retirement benefits payable to plaintiff. Q. If a servicemember spends any part of a month in a combat zone, all pay & allowances that months are tax-free. One such option is for you to take 50% of the money in all joint bank accounts and leave the other 50% for your spouse. 286. CRSC is subject to a Treasury offset to recover a debt owed to the United States as well as to garnishment for child support or alimony. The Scottsdale, Arizona Family Law Attorneys at Hildebrand Law, PC Discuss 3 Ways to Protect Your Personal Injury Award or Settlement During Divorce. If you need information about what happens to an increase in the separate property during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Mrs. 10 U. Segregating Separate Property From Community Property Explained By the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC.