Martin v. Martin

Summary

The Nevada Supreme Court affirmed enforcement of a divorce decree requiring a veteran to reimburse his former spouse for reductions in her military-retirement share caused by his election of disability pay. The court held that federal law bars courts from dividing disability benefits as community property but does not bar enforcement of a negotiated reimbursement provision incorporated into a final decree under contract principles and res judicata. The court also affirmed a prospective pendente lite attorney-fee award because the district court considered the parties’ financial circumstances and was not required to apply the Brunzell factors.