Military Retirement In Divorce

CANNON & ASSOCIATES is dedicated to Fierce Advocacy for service members and non-military spouses seeking divorce in Oklahoma. Military divorces are especially complex due to the issues related to military life and protections. Founder, John Cannon, is a currently serving Judge Advocate in the Oklahoma National Guard and has helped hundreds of service members and non-military spouses through the process of seeking a military divorce.

You should contact an experienced Oklahoma Military Family Law Attorney, if you are a service member facing divorce. Many hazards exist with military families considering divorce. The dangers primary concern division of marital property, the property location/jurisdiction for divorce, military retirement and disability pay, as well as child custody. Your interests demand you contact a military family law attorney that understands the unique issues and challenges associated with military divorce and family law issues.

As a service member and JAG, John Cannon, understands the unique circumstances faced by military member or military family member in your military divorce or military family law case. Service members stationed in Oklahoma should be confident their chosen Oklahoma military divorce attorney understands the unique circumstances faced in military divorce or custody matters.

Whether you or your family member is stated at Tinker AFB, Ft. Sill, Vance AFC, Altus AFB, McAlester Army Ammunition Army Base; a Reservists; or a National Guardsmen, CANNON & ASSOCIATES has been there before with clients facing Oklahoma military divorce. This page is an overview of the most common issues in Oklahoma military divorce and Oklahoma military child custody disputes, clients are facing when they

DIVISION OF MILITARY RETIREMENT AND DISABILITY

Military divorces require the experience of a family law attorney versed in military law. Retirement and disability pay are two of the most complex areas of military divorces. CANNON & ASSOCIATES is dedicated to assisting service members and non-military members through divorce in Oklahoma.  

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 generally not divisible. Retirement pay equal to disability compensation is usually required, if a service member decides to take disability compensation prior to reaching the age of military retirement.  Therefore, a service member’s spouse will receive a reduced amount of the service member’s retirement compensation. In fact, sometimes the service member’s spouse’s share of the retirement may be eliminated from the reduction due to disability compensation.

Not all compensation prior to retirement requires a dollar-for-dollar waiver of retirement benefits. Specifically, Special Combat-Related Compensation and Concurrent Retirement and Disability Pay do not require a dollar-for-dollar waiver. In order to be eligible for Special Combat-Related Compensation and Concurrent Retirement and Disability Pay, the service member must meet several criteria.

Can a Military Divorce Attorney help me?

Yes, in most cases the issues associated with military benefits and military retirement should be addressed with the assistance of an experienced military divorce attorney. The divorce decree in your case will dictate the compensation you or your spouse are entitled to after the divorce. It is important the military divorce attorney you hire is familiar with and able to draft the divorce decree to protect your interests concerning these accounts and benefits. At a minimum, the divorce decree must address the following: VA compensation and disability pay, the circumstances leading to the service member waiving some or all retirement pay for VA disability compensation, and concurrent retirement and disability pay, if relevant. Almost all military divorce decrees include disability compensation and Concurrent Retirement and Disability Pay as they are tax free.

Advocate for Service Members

As a Judge Advocate, John Cannon is experienced in ensuring divorce decrees protect his client’s interest in service members’ benefits. Whether you are the service member entitled to benefits or your spouse is the service member, John Cannon will fight to ensure your interests are protected. It is much easier to protect your military benefits and military interests in the initial divorce decree than fighting for it in a modification.

Advocate for Spouses of Service Members

As a Judge Advocate, John Cannon is also experienced in assisting the spouses of service members obtain a divorce decree that protects a spouse’s interest in a service member’s retirement. As discussed above, it is possible for a service member to decree their retirement compensation through receiving early disability compensation. However, an experienced military divorce attorney can protect your share of reimbursement even if your spouse reduces their retirement compensation. The award of “gross retirement pay” versus “disposable retirement pay” may mean a difference in well over one-hundred thousand dollars.

Your interests in military compensation and/or military retirement are too important to leave this issue for a family law attorney without experience in military retirement and disability. Military retirement is a complex area of law and you should not face a military divorce without an experienced military divorce attorney. Judge Advocate John Cannon is experienced in assisting and defending military members and their spouses interests in military retirement.

CONCLUSION: MILITARY BENEFITS

Experience matters when you are facing a military divorce and division of military benefits. It is important to know the military divorce attorney you hire is dedicated to your cause and versed in military family law. John Cannon, owner of CANNON & ASSOCIATES, is a Judge Advocate and experienced in military divorce and military benefit division. He will personally represent you and work along-side you during the entire process. He will keep you informed. John has the experience you need and will bring it to bear in your case.

Additionally, John Cannon has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES, PLLC to protect your rights and Fight your Oklahoma military divorce or custody case. You may send an email inquiry, complete the contact form on our website, or call at (405) 657-2323 for a free confidential consultation.

Cannon & Associates

Fierce Advocates

For Families and Freedom

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"

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"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

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