If you or your child’s other parent is in the military, you may be wondering if military service will have an affect upon your child custody or visitation case. Child custody or visitation cases can be more complicated when a military service member subject to deployment, or transfer to locations overseas or to another state, is involved. Therefore, a parent’s military service may affect the outcome of your Virginia child custody or visitation case in some circumstances. However, this is only … [Read more...]
Military Support Guidelines
A lot of people, military and civilians alike, are pretty unrealistic when it comes to post divorce spousal support. Though it’s certainly understandable (because, after all, if you’ve never been through a divorce before—and, sometimes, even if you have—how do you know what’s to be expected? All you probably are aware of is that the military has specific support guidelines, and that the Virginia statute says that a factor for determining whether and how much spousal support should be awarded is … [Read more...]
The Thrift Savings Plan in Virginia Military Divorce
The TSP, or Thrift Savings Plan, is the federal government’s version of a 401(k) plan. Military service members, members of the reserves, and other federal employees are entitled to participate in the Thrift Savings Plan. Retirement accounts, as you probably already know, are super important in divorce cases. If we’re talking about equitable distribution (the fancy word we use in Virginia to describe how property can be divided), retirement accounts are often one of the first issues people … [Read more...]
Getting the GI Bill in Virginia Military Divorce
The GI Bill originated after World War II to help returning veterans go back to school as a reward for their service to our country. Over time, the GI Bill has changed and evolved and, in the wake of September 11th, the GI Bill changed again. Today, it covers the full cost of an undergraduate education at any public university or college in the country. It’s also transferrable to spouses or children, which makes it a valuable asset in many military divorce cases. Want the GI Bill for … [Read more...]
Does my military healthcare have to stop once I’m divorced?
There are a lot of disadvantages to the military, and certainly to military healthcare. Regardless of whether you have TriCare Standard or TriCare Prime, you probably have a lot of gripes. Most military families I know have some complaints about the military healthcare system. One thing they can agree on, though? The price is right, and it’s certainly better than no insurance at all. In fact, for a lot of people, especially if they or their children have ongoing medical needs, it’s downright … [Read more...]
What to expect in a Virginia military divorce
On Monday, we talked about the differences between military and civilian divorce. So far, we’ve mostly discussed the ways that military and civilian divorces are similar. (Shocking, right?) Well, as you already know, military and civilian divorce are a little bit different. Procedurally, they’re very similar, but there are certain assets that exist in military cases that have to be divided. Not only that, but, depending on the circumstances, there are different statuses that apply in military … [Read more...]
Divorce Military Benefits
Getting a divorce is bad enough, but getting a divorce when your spouse is a military service member is often even more difficult. Not only are you divorcing him, but, unless you’re a 20/20/20 spouse (more on that later), you’re divorcing the military, too---and all of the benefits it provided you and your family. Civilians feel divorce, too, and often very acutely, but they don’t lose some of the military benefits that military families enjoyed during their marriages. Whether your concern is … [Read more...]
The Ashley Madison Hack: A Divorce Lawyer’s Perspective
With all of the recent hullabaloo surrounding the Ashley Madison website hack, people have been asking me a lot of questions about what it means for divorce in Virginia. It’s interesting. What would be regarded as a (first world) problem of epic proportions if the hack had released people’s credit card information (like the Target card hack awhile back) or confidential health care information or other social media account information, has been regarded by most people with a smirk and a snide, … [Read more...]
Navy Regulations for Supporting Family Members
The military has loads of rules and regulations dealing with almost every aspect of its day to day management and operations. It should probably come as no surprise that it also has regulations relating to family support. When a couple separates, and either spouse is in the military, there are specific rules about when and how much support is supposed to be paid to the remaining family members. The Navy Regulations and Policy specifically say that, “[t]he Navy will not act as … [Read more...]
Military Retirement Pay and Divorce
The Uniformed Services Former Spouses’ Protection Act was enacted in February of 1983 to help protect the rights of ex military spouses. Specifically, it provided authority for the state courts to treat disposable retired pay as marital property. Translation: the court can rule that whatever retirement money is earned during the marriage as a result of one spouse’s military service is divisible in divorce, but it doesn’t have to. Ultimately, the way military retirement is … [Read more...]
