Category : Military divorces

Changes to the Military’s Former Spouse’s Protection Act 2017

Congress made a big change to the Former Spouse’s Protection Act in 2017. This is a big one. Basically, in a divorce, military retired pay is to be calculated as if the military member retired when the divorce started. Under…

0 Comments / 64 View / November 22, 2017

Not your Mother’s SBP

I’ve never been a big fan of the Suvivor’s Benefit Plan (SBP). As you may know, military retired pay ends on the dead of the retiree. Unlike a 401K or IRA, there is no bank account with money in it….

0 Comments / 90 View / May 23, 2008

Tax implications for Military Retired Pay

Before I start, let me state that I am not an accountant or tax attorney. Do not make any decisions regarding taxes based upon this posting. Discuss any tax plans with your accountant. In a recent decision by the U.S….

0 Comments / 151 View / February 14, 2008

National Guardsman Loses Child Custody Due to Deployment

Note: This post pre-dated Albany’s uncharacteristic quick action. After this decision was rendered, there was such a firestorm, that Albany put in a quick fix. It is not perfect, but the fix prevents judges from making permanent changes in custody…

0 Comments / 45 View / January 12, 2008

New York Equitable Distribution, The Former Spouses Protection Act and the National Guard

I just settled a strange little divorce in front Judge Kent, in Suffolk County. On it’s face, it was nothing too strange. A forty year marriage, where the only property was a pension and a house. As I explained in…

0 Comments / 151 View / January 10, 2008

Custody during Mobilization or Deployment

Military divorces have unique problems and issues. Perhaps, the most common issues revolve around custody and visitation. A military divorce must address issues of cross and out of state visitation, travel and visitation in foreign countries and the issues created…

0 Comments / 121 View / October 18, 2007