A.R.S. 25-530 Interpretation
In In re Marriage of Priessman, 228 Ariz. 336, 266 P.3d 362 (App. 2011), the Court addressed this issue in the context of A.R.S. 25-530 (West 2012), which governs spousal-maintenance proceedings and, like 25-318.01, bars the court from considering "any federal disability benefits awarded to the other spouse for service-connected disabilities pursuant to 38 United States Code chapter 11."
The military retiree in Priessman, like Husband, elected to waive retirement benefits in favor of CRSC payments. 228 Ariz. at 338,6, n.3, 266 P.3d at 364.
The Court pointed out that the CRSC program found in Title 10 "has its own requirements separate from those contained in title 38." Id. at 339,10, 266 P.3d at 365.