Williamson v. Williamson
In Williamson v. Williamson, 205 P.3d 538, 541 (Colo.App. 2009) the Colorado Court of Appeals held post-dissolution TDRL benefits are disability benefits and are not divisible as marital property. 205 P.3d at 543. There, six years after dissolution, the husband was placed on the TDRL with a thirty percent disability rating after serving over sixteen years in the United States Armed Forces. Id. at 539-40.
The evidence showed husband's benefits were calculated under the second formula based on husband's percentage of disability. Id. at 542.
In determining whether the TDRL benefits were divisible marital property, the court found it significant that husband did not have twenty years of service at the time he was placed on the TDRL. Id.
Because husband was ineligible for military retirement benefits, but for his disability, the court concluded all of his benefits were based on his disability. Id. Therefore, the court held that because all of husband's benefits were based on his disability, they were not divisible as marital property pursuant to 10 U.S.C. 1408(a)(4)(C). Id.