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.
Military Divorce FAQs
How does military retirement pay get divided in a divorce?
Military retirement pay is considered marital property and may be divided between spouses based on the length of the marriage during military service. The division is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) and involves specific formulas and regulations.
What is the Survivor Benefit Plan (SBP) and how does it affect a military divorce?
The Survivor Benefit Plan (SBP) is a program that allows service members to provide financial support to their spouses after death. During a divorce, you may need to adjust your SBP election. It can be used as a negotiation tool in divorce settlements.
How does the Servicemembers Civil Relief Act (SCRA) protect deployed service members during divorce proceedings?
The SCRA can delay divorce proceedings for deployed service members, preventing default judgments in their absence. It allows them to participate fully in the proceedings upon return and gives time to adjust to new circumstances.
Why is choosing the right jurisdiction important in a military divorce?
The jurisdiction, or venue, where you file for divorce can significantly impact the outcome. Different states have varying laws regarding property division, child support, and military-specific protections. Choosing the right venue can ensure a more favorable application of laws to your situation.
How do deployments affect child custody arrangements in a military divorce?
Deployments can necessitate adjustments to child custody arrangements. Parenting plans developed before deployment might need changes to accommodate the service member’s absence. These changes should be discussed and incorporated into the divorce agreement.
What financial considerations should be taken into account during a military divorce?
Key financial considerations include the division of military retirement pay, adjustments to the Survivor Benefit Plan, and the impact of deployments on income and financial obligations. These factors can affect calculations for child support and spousal support.
How can a service member protect their military retirement during a divorce?
To protect military retirement, it’s crucial to understand how the USFSPA governs its division. Consulting with a lawyer experienced in military divorces can help ensure a fair and accurate division of retirement benefits.
What is “venue shopping” in the context of a military divorce?
“Venue shopping” refers to strategically choosing where to file for divorce. Some states offer specific protections and considerations for military divorces, such as a more favorable approach to dividing military retirement pay or considering deployments in child custody arrangements.
How does the length of marriage affect the division of military benefits in a divorce?
The length of the marriage, particularly in relation to the length of military service, is a key factor in determining how military benefits are divided. This is especially important for the division of military retirement pay under the USFSPA.
What unique challenges do military divorces present compared to civilian divorces?
Military divorces involve additional complexities such as dividing military-specific benefits (retirement pay, SBP), dealing with deployments, navigating jurisdictional issues, and understanding protections like the SCRA. These factors require specialized knowledge and often necessitate the assistance of lawyers experienced in military family law.