Evens v. Evens

The Supreme Court declined to hear this case, leaving the lower court's decision in place. The dispute centered on whether federal law prevents state courts from forcing veterans to pay back former spouses when retirement benefits are reduced due to disability pay choices.

This case affects how military divorce settlements are handled across the country. It specifically impacts veterans who waive retirement pay to receive combat-related disability benefits and the former spouses who rely on a share of that retirement income.

The case follows a 2017 Supreme Court ruling that limited state courts' power over military disability pay. It highlights the ongoing tension between state family law and federal rules governing military benefits.

The Supreme Court denied the petition for a writ of certiorari (a request to hear the case) on May 26, 2020.

The Supreme Court chose not to intervene in this dispute over military benefit indemnification (compensation for loss).

Watch for how lower courts, agencies, or affected parties respond to the ruling. Legal experts will continue to monitor how different states apply federal limits on military retirement divisions.

The case asked if federal law stops state courts from making veterans reimburse former spouses for lost retirement pay. This happens when veterans choose disability pay instead of standard retirement.

Former spouses may lose expected income if a veteran switches to disability benefits. Veterans might face court orders to pay that money back from other sources.

The case involved the Uniformed Services Former Spouses’ Protection Act. This federal law dictates how much military retirement pay state courts can divide during a divorce.

Since the Supreme Court denied the petition, the case is effectively over. The ruling from the Supreme Court of South Dakota remains the final word for these parties.

This case is part of a series of challenges regarding federal preemption (federal law overstepping state law). It tests the limits of state power in military divorce cases.