Goldberg Simpson partner Aaron Silletto has filed a petition seeking U.S. Supreme Court review of a case with potentially far-reaching consequences for military veterans involved in divorce proceedings. The case is Canedy v. Canedy (13-11), and a copy of the petition for a writ of certiorari may be viewed here.
At issue in the Canedy case is whether a fully disabled veteran may be forced to pay maintenance to his ex-spouse, when his only sources of income are VA disability and Social Security benefits. Federal law is clear that VA disability benefits may not be divided directly, as in the case of pension or 401(k) accounts. However, state courts are split as to whether a family court may do indirectly what federal law prohibits them from doing directly – namely, dividing the VA disability benefits after they are received by the beneficiary. On behalf of Petitioner T.J. Canedy, Mr. Silletto has asked the Supreme Court to accept review to decide this very important issue, which affects thousands of veterans every year.
The Supreme Court is currently in its summer recess. A decision from the High Court on whether to accept review of the case will likely not be made at least until early October, when the Court’s 2013 October Term begins.