Harris v. Harris
In Harris v. Harris, 195 Ariz. 559, 991 P.2d 262 (App. 1999), the dissolution decree awarded the non-military wife "'one-half of husband's Military Retirement, not including husband's disability payment.'" 195 Ariz. 559, P2, 991 P.2d 262, P2.
The husband's disability rating was sixty percent at that time, but he subsequently obtained additional ratings that ultimately "transformed all of his non-disability retirement pay into disability benefits." Id. at P7.
The Court in Harris concluded that federal law did not preclude the wife from seeking "the value of the non-disability retirement pay" she had been awarded in the prior dissolution decree, id. at P5, without reduction for retired pay the husband waived post-decree in order to receive additional disability benefits. Id. at P13.