Wednesday, April 22, 2020

Military Retirement Pay and Divorce Overview



1.  NO AUTOMATIC ENTITLEMENT.  Federal law does not provide any automatic or absolute right for a divorced spouse of a military servicemember to receive any portion of the servicemember’s military retired pay, regardless of the length of the marriage. 

Military Divorce Lawyers

Service members and non-military spouses pursuing a divorce face a unique set of challenges that civilians do not encounter when attempting to dissolve their union. Getting divorced is a complex process, and it is especially complicated in the military. Even attorneys who have practiced family and matrimonial law for years can find themselves at a disadvantage when attempting to represent a service member or a non-military spouse.
The Law Office of Dondi West’s military divorce attorneys can help you navigate the potential pitfalls that military families face in their legal matter. These pitfalls can lurk in the division of property, where to file for divorce, military retirement and disability pay, child custody and child support. Our Military Divorce Lawyers can represent service members or their non-military spouses in Maryland. If you are located elsewhere, we can advise your attorney on the unique nuances of military divorce, child support and retirement or veterans’ compensation issues.
Call us today to schedule a consultation with one of The Law Office of Dondi West's experienced military divorce lawyers.

Division of Military Retirement and Disability Pay

Military divorces require an attorney who understands the nuances of military law. Retirement and disability pay is one of the most complex aspects of military divorce. If you are in Howard County, Anne Arundel County, Fort Meade, Annapolis, Baltimore County, Carrol County, Harford County, Baltimore City, Baltimore County, Prince George's County, or Central Maryland, 0ur military divorce attorneys can represent you and help ensure that issues pertaining to military retirement and disability pay are properly addressed in your divorce decree. If you are located elsewhere, we can advise your attorney on these issues.
While military disposable retired pay is generally divisible upon divorce, VA disability compensation, military disability retirement benefits, Special Combat-Related Compensation (SCRC), and Concurrent Retirement and Disability Pay (CRDP) are

Tuesday, December 31, 2019

Military Divorces

While military divorces are no more complicated than civilian divorces, there are special rules and requirements that apply to U.S. service members and their spouses when they divorce. These differences may affect matters of compliance, service of process, residency or filing requirements, and division of military pensions.
Below is an overview of military divorce laws affecting U.S. service men and women who are contemplating or getting a divorce.

Wednesday, December 4, 2019

A Maryland Military Divorce primer regarding retirement benefits

Specific state and federal laws govern military divorce. Civil courts will preside over divorces for military personnel, just like they do for civilians. Some differences in the law will apply to a military divorce, however. One such difference involves military pensions.

Divorce basics
In order for a Maryland family law court to have jurisdiction over a military divorce, a member of the U.S. armed services or his or her spouse must reside in the state or be stationed there. An active duty military member, unlike a civilian, cannot "default" on divorce proceedings. These state and federal laws protect soldiers from becoming divorced without knowing it or having a reasonable amount of time to handle divorce proceedings.

The local Maryland court that has jurisdiction may postpone the divorce until the military member is no longer on active duty. If the military member so chooses, however, he or she can waive this right and move on with the divorce. In addition, that member must be personally served with divorce papers, they cannot be mailed.

Dividing assets
Maryland state law governs property division in divorce. Maryland is an "equitable distribution" state, meaning that the presiding judge will divide marital assets fairly, not necessarily equally, once the divorce is finalized. Military pensions are marital property and will be included in the equitable distribution settlement.

Wednesday, July 24, 2019

Maryland Military Divorce Attorney | Fort Meade, Glen Burnie, Annapolis, Columbia


Divorce Lawyer in Columbia, Maryland Serving Air Force, Army, Marines, Navy and Coast Guard Personnel

Unfortunately, the stresses of a military marriage far outweigh a regular marriage, and in many cases the pressures and circumstances lead to a divorce. When this is the only option left, it is important that you have legal representation that understands the rules regarding military divorce. Many of the same issues exist in a civilian divorce, such as child custody and visitation, division of assets and debts, and alimony.

Tuesday, May 15, 2018

Maryland Military Divorce Overview

When a military family goes through a divorce, unique issues come up.  Understanding the complex issues in a military divorce will lead to better decisions and fairer outcomes. This article highlights some of the most common issues. Remember, a military divorce is not exactly like other divorces; it involves additional legal issues.

In what state should you file for divorce?

The law typically allows for the filing of a divorce in the state where either the husband or the wife has a legal residence. The person starting the divorce usually

Wednesday, May 24, 2017

MILITARY PENSION DIVISION: THE NEW FROZEN BENEFIT RULE


Congress Overrides State Rules for Dividing Military Retired Pay

Q: What’s the new development in division of military retired pay?
A: The National Defense Authorization Act for Fiscal Year 2017 (NDAA 17) contained a major revision of how military pension division orders are written. Instead of allowing the states to decide how to divide military retired pay and what formula or methodology to use, Congress imposed a single uniform method of pension division on all the states.

Note: This article is an important update regarding the division of military pensions during a divorce. For more information, schedule a consultation with Dondi by visiting http://dondiwestlaw.com/consult

Q: What states will be affected?
A: Forty or more states require the use of the “time rule” to divide a defined benefit plan (explained below). However, all states – as of December 23, 2016, the date the law was enacted – will have to use this new method for dividing a military pension.

Friday, June 5, 2015

Military Divorce Overview by Maryland Attorney

A Divorce can be a confusing, complicated, and stressful time for military couples. However, gaining a general understanding of how this process works, while seeking to identify the specific issues that may apply in your case, can greatly reduce the time, expense, and emotional strain of a divorce. While you will largely follow the same process and procedures as a civilian couple when filing for divorce, there are unique legal issues which may apply result of military service. These issues may include determining the custody of children, calculating child and spousal support, and determining if any post-divorce benefits apply.
While divorce is largely governed by state law and local procedures, depending on where you file, there are certain federal statutes and military regulations which may be applicable to your divorce. Examples include the Uniformed Services Former Spouses' Protection Act, which can affect how disposable military retired pay is divided between the service member and former spouse, as well as determining eligibility for continued medical, commissary, installation exchange, and other benefits.

Military Divorce Overview

Generally, the military views divorce as a private civil matter to be addressed by a civilian court. Commanders rarely get involved in domestic situations except in limited cases, such as a claim by a dependent that he or she is being denied adequate financial support by the service member spouse. Even in such cases, a commander's authority is limited, absent a civilian court order.

Thursday, January 2, 2014

Difference Between Military Divorce and Civilian Divorces in Maryland

If you are one of the nearly 1.1 million active duty American military personnel stationed around the world -- or if you’re married to someone who is -- you’ll be dealing with some divorce issues that don’t affect civilians. Having one’s spouse in the military affects:
  • where your divorce will be filed
  • how support is calculated
  • custody and visitation decisions, and
  • pension rights and other benefits.
In all these areas, service members have certain rights and obligations that are very different from those of civilians.

Sunday, December 1, 2013

Military Pension Division Roadblocks and Minefields

The battlefield in military divorces is often military pension division. It is essential to learn and understand the unique set of rules in military pension division. The basic issues for the military spouse (usually the wife) in the divorce battlefield are the first topics covered below.
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