The military is its own world with its own lingo.
When an active duty or military retiree divorces, there are certain issues specific to the military divorce (an active-duty military or a military retiree). An active-duty person is subject to regular Permanent Change of Station (PCS) transfer moves which affect custody and child visitation. How does an active-duty military person stay in touch with the children while on the move?
Some issues under spousal and child support to consider are: what income is available for support from the AC spouse considered taxable and non-taxable income? What State taxes are applicable? Should high BAQ in a foreign land be included as income for the paying AC spouse? What is the AC-spouse unreimbursed service member out-of-pocket expenses such as military uniforms, cup-and-flower fund contributions, and hidden PCS move costs ?
What was the effect on the non-military spouse’s career based on the career moves of the military spouse? Are there educational resources available for the non-military spouse to make him/her employable? Also, what are the effects of VA Disability payments on support? Does the non-military spouse qualify under the 10-10-10, 15-15-15, or the 20-20-20 rule?
Some issues under the property division are as follows: Does the State court have authority over the AC pension? How do you divide the pension under the Federal “frozen asset rule?” How do you choose and allocate the cost of the Survivor Benefit Plan and who does it protect? Also, do you negotiate for term life insurance in lieu of the Survivor Benefit Plan? There’s also issue of negotiating annuity in lieu of the Survivor Benefit Plan? Should the non-active-duty spouse receive his/her portion of the pension when the AC spouse is first eligible to retire?
How do we divide the Thrift Savings Plan (TSP) without causing a taxable event? What is the effect of VA Disability waiver on pension division?
Should we negotiate compensation for the non-military spouse for VA Disability waiver by the military retiree spouse? When dealing with a Reserve retirement, how do we correctly calculate the retirement points that are the points accumulated during the marriage?
Of course, these issues blend into one another and overlap. The best would be to retain a family law attorney who is conversant on military-specific issues.
