Luna v. Luna
In Luna v. Luna, 125 Ariz. 120, 124, 608 P.2d 57, 61 (App. 1979), the Court also addressed issues concerning disability retired pay. 125 Ariz. at 122, 125, 608 P.2d at 59, 62.
In that case, the husband was permanently retired with a 100 percent disability rating, prior to the divorce, with just over fifteen years of service in the Air Force. Id.
Under 10 U.S.C. 1401(a), two formulas were available to calculate husband's retirement pay. Id. at 124, 608 P.2d at 61.
The formulas are nearly identical to the ones at issue here, except under the second formula in Luna, there was no automatic increase for a member to receive fifty percent of his basic pay. Id.; see 10 U.S.C. 1401(a); see supra P 10.
In Luna, the court calculated the portion of the husband's benefits attributable solely to his disability by subtracting the percentage result of the first formula from the percentage result of the second formula. 125 Ariz. at 124-25, 608 P.2d at 61-62 (calculating the benefit percentage under the second formula as 75 percent, and the benefit under the first formula as 37.5 percent, leaving a difference of 37.5 percent).
The court concluded 37.5 percent of the husband's monthly benefits was attributed solely to his disability and was therefore his sole and separate property. Id. at 125, 608 P.2d at 62.
The remainder of the husband's benefits was community property and apportionable. Id.