Military Divorce Tips

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Military Divorce Tips

Since 1982, Congress has given states the authority to divide military "retainer pay" as part of the marital asset, yet declared little guidance on how this military benefit should be divided.

In addition to each state declaring their own rules, the military personnel office, finance office, SBP counselor, judges, lawyers, and clients, are also involved at both divorce time and retirement time. They all discuss their knowledge and opinions concerning how an issue should be addressed or how a form should be completed. When one takes into account all the participants, codes, and regulations involved, it is understandable (but undesirable) that an error might be made either during the writing of, the interpreting of, or processing of the paperwork to enforce a final divorce decree.

An error of $100 doesn't sound too bad at first, but a blunder of $100 a month means $1,200 a year, which over 45 years (service members usually retire young) results in a $54,000 divorce decree error. This simple math has not even considered adding the compounding growth potential of investing the figure. The seemingly small error amount has suddenly become a very costly mistake.

Military Divorce Tips can be used as a tool to find advantageous angles in a military divorce while setting expectations and future follow up actions. With eleven detailed checklists to head readers in the correct direction, some of the common divorce errors are sure to be eliminated.

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Military Divorce Tips, for the service member, the soon-to-be-former spouse, and their attorneys, provides a solid foundation for a basic understanding of military divorce issues. This efficient reference tool provides quick insight to the complexities involved without delving too heavily into the U.S. Codes themselves. At the same time, attorneys are able to use the footnotes if sources are needed for litigation. An awareness of the basics can lessen the economic and emotional turmoil of divorce. Consultations with financial advisors and divorce lawyers will be more productive, less time consuming, and less expensive after reading the topics included in this book.

Attorneys looking for consolidated facts, could provide a copy of this book to assist every client participating in a military divorce.

Inside:
  • Knowledge - Explanations for those considering or partaking in a military divorce
  • Save Time - Valuable checklists to proceed down the correct path
  • Accurate Answers - U.S. Codes, citations, and sources at your finger tips
  • Better Settlement - Understand how to negotiate in your favor
  • Yet to Come - Know your future, after divorce
Checklists Included:

  • Divorce Notification
  • Lawyer Interview
  • Checklist of Reasons to (or not to) Delay Divorce
  • Divorce Process Checklist
  • Discovery Checklist for Retired Pay Division
  • Divorce Decree Checklist for Military Finances
  • State Comparison Checklist (issues and ideas to consider; does not include state by state law comparison)
  • Retirement Award Steps Checklist
  • SBP Comprehension Checklist
  • Designated Agent Checklist
  • Remarriage Checklist

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    Reader Feedback

    • DisabledVet Feb 7, 2011 @ 1:59 pm | delete
      What YOU BELIEVE is completely irrelevant.
      MRP is Not only awarded to murderers but, drug dealers, thief's, bank robbers, and other types of defrauders, all these are consider serious FELONIES. Yet any similar act committed by a retired military member and their Retainer Pay Stops IMMEDIATELY.
      As far as a Judges awarding Retainer Pay to a convicted Felon it happens ALL the TIME. Most state laws are written to treat MRP strictly as Property, and the judges have no leeway or deliberately choose not to look at any other circumstances. Since laws vary from state to state and in US territories what is acceptable in one state is completely unacceptable in another. My brother's ex spouse was charged with three felonies in Maryland and she still collects her 50%.
      I worked with two E-6's that where in the Navy back in the mid 90'S and their ex's went on a check bouncing spending spree on base spending 10's of thousands of dollars as well as max'ing out all the credit cards. While they where deployed on an aircraft carrier for 6 months. When they got back both ex's had also taken ALL the household effects and vehicle's then moved in with boyfriends in other states. At least one of them did everything she could to get him kicked out of the Navy (hence the check writing spree).
      The military authorities made both the E-6's pay back the government for the military dependents behavior. Both got divorced and at least one of them had his ex spouse come back over 8 years later (that he had not seen or even heard from) and try to get his MRP.
      This is one of the many reasons why USFSPA needs to be Repealed or at least completely rewritten.

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      Military Divorce Tips: Health Care CHCBP, Uniformed Services Former Spouses Protection Act USFSPA, Survivor Benefit Plan SBP, Retirement Benefits and Law Answers for Service Members and Former SpousesMilitary Divorce Tips

      Health Care CHCBP, Uniformed Services Former Spouses Protection Act USFSPA, Survivor Benefit Plan SBP, Retirement Benefits and Law Answers for Service Members and Former Spouses


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      Military Divorce Tips: Health Care CHCBP, Uniformed Services Former Spouses Protection Act USFSPA, Survivor Benefit Plan SBP, Retirement Benefits and Law Answers for Service Members and Former SpousesMilitary Divorce Tips
      Copyright: 2010
      Author: Tracy Foote
      ISBN-10: 0981473725
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      The Kid's ROTH IRA Handbook: Securing Tax-Free Wealth From a Child's First Paycheck or Money Answers for Employed Children, Their Parents, the Self-Employed and EntrepreneursThe Kid's ROTH IRA Handbook:
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      Let's Go Up! Climbing Machu Picchu, Huayna Picchu and Putucusi or A Peru Travel Trip Hiking One of the Seven Wonders of the World: An Inca City Discovered by Hiram Bingham High in the Andes MountainsLet's Go Up! Climbing Machu Picchu, Huayna Picchu and Putucusi
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    TracyTrends

    Tracy Foote, former Capt. USAF,was a dual-military couple spouse who served overseas specializing in Military Accounting and Finance. Her nine years in... more »

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