PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

The Division Of A Military Pension In A Divorce

Special issues arise in divorce when one spouse is in the military, including possible division of a military pension.

2013-01-31
January 31, 2013 (Press-News.org) The division of a military pension in a divorce

A married couple with one or both spouses serving in the military can experience special challenges. There are often children involved, and one spouse may have to postpone or forgo education or employment to care for the children full-time while the other spouse is deployed. In addition, frequent moves and the stress of serving in the military can strain even the strongest relationships. In fact, statistics from the Department of Defense show there were almost 30,000 military divorces in 2011, which is the highest rate of divorce among servicemembers since 1999.

Tennessee property division in divorce

Tennessee is an "equitable division" state, which means that, if the couple cannot agree to a property division settlement themselves in divorce, a judge will divide and award the marital property according to what the judge sees as fair and just. This does not mean there is an automatic 50-50 split between the couple. Instead, there are several factors a judge considers when making a property division decision.

Some of the property divided may include retirement accounts like a pension, IRA or 401(k). Contributions made to these accounts during the marriage are considered marital property. Therefore, both spouses may receive a share of the account in the division of marital property, even if only one spouse worked and contributed to the account directly.

Military pension division in divorce

The same can be true for military pensions. Servicemembers who serve at least 20 years in the military before retiring receive a military pension for the rest of their lives. And, like civilian retirement accounts, a military pension may be divided in divorce as well.

The amount a non-military ex-spouse may receive from the servicemember's pension is negotiable, and the pension may be divided by a judge just like the couple's other marital property. If the couple was married for at least 10 years, the non-military spouse can receive up to half of the servicemember's military pension directly from the pension plan servicer.

If more than half of a servicemember's military pension is awarded to a non-military ex-spouse, the servicemember must make those payments directly to the former spouse. Further, a servicemember also must make payments directly to the non-military ex-spouse if the marriage lasted less than 10 years but the former spouse is awarded part of the military pension.

Military Survivor's Benefit Plan

In addition to addressing the military pension, a military divorce decree should also include provisions regarding the Survivor's Benefit Plan. With an SBP, a non-military ex-spouse can continue to receive benefits from the military pension plan if the servicemember passes away before the former spouse does. Without this, military pension payments may not continue, and a former spouse may not receive all that was awarded to him or her in the divorce decree or settlment.

If you or your spouse is in the military and you are considering divorce, contact a family law lawyer with experience in military divorce cases to discuss your specific situation.

Non-military ex-spouses who receive part of a military pension in the property division should also request that a deadline for the service member to apply for retirement benefits be included in the divorce decree, since the ex-spouse cannot collect until the service member applies for benefits.

Non-military ex-spouses may also want to consider negotiating a Survivor's Benefit Plan as part of the property division to replace pension plan payments should the military member ex-spouse die before the non-military ex-spouse.

Article provided by Goble Law Firm
Visit us at http://www.getgoble.com


ELSE PRESS RELEASES FROM THIS DATE:

Federal Regulators Target Debt Collection Companies With Aggressive Tactics

2013-01-31
Federal regulators target debt collection companies with aggressive tactics Harassing phone calls and threats of arrest are practices currently being used by aggressive debt collectors. Many of these tactics are not only rude, but illegal. In an effort to refresh current laws and remind debt collection agencies that creditor harassment will not be tolerated, the Consumer Financial Protection Bureau, or CFPB, is launching a new set of rules to ensure debt collectors are not violating the Fair Debt Collection Practices Act. The regulations are aimed at holding these ...

Recent Report Finds Older Americans Facing Increased Risk Of Foreclosure

2013-01-31
Recent report finds older Americans facing increased risk of foreclosure A new report by the AARP shows that older Americans are facing increased risks of foreclosure. The report, titled Nightmare on Main Street: Older Americans and the Mortgage Market Crisis, was the first of its kind to focus on how the recent difficulties of the housing market is impacting people over the age of 50. The report found that over 600,000 loans for people in this age group were in the process of foreclosure as of December 2011. In addition, over 1.5 million seniors lost their homes ...

Property Division During Divorce

2013-01-31
Property division during divorce People getting a divorce often have concerns about property division. Many couples are able to reach a property division settlement outside of court, and the divorcing spouses sign a settlement agreement that is generally approved by a judge. However, if the parties cannot come to an agreement, a family court judge will decide how to divide the couple's property based on Massachusetts law and will order a property award. Equitable distribution Massachusetts is an equitable distribution state, as distinguished from community property ...

How Are Florida Parenting Plans Determined?

2013-01-31
How Are Florida Parenting Plans Determined? One of the most difficult issues when a relationship breaks down is deciding where a child or the children will live. In the process of working out a parenting plan, each parent will generally have less time with the children. This can be a difficult adjustment. Developing a parenting plan and time-sharing (formerly known as child custody and visitation) agreement needs to account for the children's best interests. The court uses the "best interests of the child" standard when reviewing any agreements or deciding ...

Driving Without A License Is No Joke In North Carolina

2013-01-31
Driving without a license is no joke in North Carolina In late 2012, 11-year-old Steven Dixon was hit by an unlicensed driver while walking to his bus stop in Forsyth County, North Carolina. "I was walking and I heard something go boom... [the car], it hit me and ran over my legs," said Steven. Both of his legs are now in casts. Unfortunately, unlicensed drivers are not uncommon in North Carolina. State Trooper Robert Reavis says he pulls over about one unlicensed driver a day, which is not far from estimates for the entire state. A recent AAA study revealed ...

A Comparison of Chapter 7 and Chapter 13 Bankruptcies

2013-01-31
A comparison of Chapter 7 and Chapter 13 bankruptcies With such a terrible economy, it is no surprise that many people are struggling financially. Unexpected events such as a job loss or sudden illness can cause even the most responsible people to fall behind on their bills. Many people struggling with mounting debt consider the possibility of filing bankruptcy. Whether bankruptcy is right for you will depend on your specific situation. Chapter 7 bankruptcy The most common types of bankruptcy filed by individuals are Chapter 7 bankruptcy and Chapter 13 bankruptcy. ...

Money Raised at Pet Expo to Impact 2,500 Students

2013-01-31
In an effort to promote pet responsibility at an early age, the Pet Care Trust, with the assistance of the World Pet Association and other pet-related businesses, raised over $8,000 for the Pets in the Classroom Grant Program during America's Family Pet Expo, held November 3-4 in Puyallup, Washington. The money raised will go directly to helping approximately 50 teachers enhance their classrooms and curriculum through the aid of classroom pets, impacting nearly 2,500 students. The World Pet Association, host of America's Family Pet Expo, donated booth space to the Pet ...

Local Realtor Goes to the Dog House

2013-01-31
As a Realtor, Mary Ellen Wood of Louisville's Homestead Real Estate, LLC, routinely hosts clients toshowings of available properties on the market. What's different about Wood's service is that she adeptly recommends dog-friendly properties for those who consider the family pet in a home purchase. Wood, owner of a Golden Retriever named Tonka, said that those on the market for a new home have to consider whether the new space will be right for the whole family, including canines. Many condos and townhomes have dog height and weight limitations, which takes some developments ...

Toys"R"Us Canada Returns as Diamond Sponsor for 18th Annual Starlight Gala

2013-01-31
Starlight Children's Foundation Canada is pleased to announce Toys"R"Us and Babies"R"Us Canada are returning as Diamond Sponsors for their 18th annual Fundraising Gala on April 6, 2013 at The Fairmont Royal York. Since 1998, Toys"R"Us and Babies"R"Us have supported Starlight through annual in-store sales of Starlight Stars and the annual Starlight Gala. "We are pleased and proud to be the lead sponsor for Starlight Children's Gala" said Kevin Macnab, President, Toys"R"Us Canada "Children have always been ...

Philadelphia's Beck's Cajun Cafe Starts Lunchtime Delivery During Super Bowl Sunday

2013-01-31
Three years ago, Chef Bill Beck brought 'Nawlins favorites to Philadelphia with Beck's Cajun Cafe at the Reading Terminal Market. In July last year, he opened a second Cajun eatery at Amtrak's 30th Street Station. Starting on February 3, Super Bowl Sunday, Beck's will have a new option for those craving the hearty, spicy flavors of southern Louisiana and the Gulf - lunchtime delivery! Diners can enjoy Train Wrecks, po'boys, jambalaya, muffaletta, bread pudding and more in their homes, offices and classrooms by calling Beck's Cajun at 215-382-2800 from 11 a.m. to 3 p.m. ...

LAST 30 PRESS RELEASES:

Modesty and boastfulness – perception depends on usual performance

Do sweeteners increase your appetite? New evidence from randomised controlled trial says no 

Women with obesity do not need to gain weight during pregnancy, new study suggests

Individuals with multiple sclerosis face substantially greater risk of hospitalisation and death from COVID-19, despite high rates of vaccination

Study shows obesity in childhood associated with a more than doubling of risk of developing multiple sclerosis in early adulthood

Rice Emerging Scholars Program receives $2.5M NSF grant to boost STEM education

Virtual rehabilitation provides benefits for stroke recovery

Generative AI develops potential new drugs for antibiotic-resistant bacteria

Biofuels could help island nations survive a global catastrophe, study suggests

NJIT research team discovering how fluids behave in nanopores with NSF grant

New study shows association of historical housing discrimination and shortfalls in colon cancer treatment

Social media use may help to empower plastic surgery patients

Q&A: How to train AI when you don't have enough data

Wayne State University researchers uncover potential treatment targets for Zika virus-related eye abnormalities

Discovering Van Gogh in the wild: scientists unveil a new gecko species

Small birds spice up the already diverse diet of spotted hyenas in Namibia

Imaging detects transient “hypoxic pockets” in the mouse brain

Dissolved organic matter could be used to track and improve the health of freshwaters

Indoor air quality standards in public buildings would boost health and economy, say international experts

Positive associations between premenstrual disorders and perinatal depression

New imaging method illuminates oxygen's journey in the brain

Researchers discover key gene for toxic alkaloid in barley

New approach to monitoring freshwater quality can identify sources of pollution, and predict their effects

Bidirectional link between premenstrual disorders and perinatal depression

Cell division quality control ‘stopwatch’ uncovered

Vaccine protects cattle from bovine tuberculosis, may eliminate disease

Andrew Siemion to receive the SETI Institute’s 2024 Drake Award

New study shows how the Crimean-Congo hemorrhagic fever virus enters our cells

Neoadjuvant chemotherapy proves effective for locally advanced penile squamous cell carcinoma

Study flips treatment paradigm in bilateral Wilms tumor, shows resistance to chemotherapy may point toward favorable outcomes

[Press-News.org] The Division Of A Military Pension In A Divorce
Special issues arise in divorce when one spouse is in the military, including possible division of a military pension.