Avoid Common Pitfalls in Military Divorce
Military divorces pose their own unique issues. Are you prepared to deal with these issues when a spouse is contemplating divorce? Do you have adequate knowledge to educate clients on how divorce will impact their military benefits and properly divide those benefits? This course addresses ways to avoid some of the top errors made in military divorce. Register today!
- Recognize which documents are necessary to obtain during the early stages of the divorce.
- Navigate jurisdiction conundrums in military divorce.
- Understand the impact of divorce on the division of the military pension.
- Avoid pitfalls when handling a divorce involving Survivor Benefit Plan coverage.
- Learn how to navigate the military divorce process with ease.
All times are shown in Eastern
- Failure to Locate "Must Have" Documents
11:00 - 12:00, Michael C. Miller
- Leave and Earning Statements
- Unlocking All the Information/How to Read a LES
- Pay Charts
- Determining Allowances
- DD Form 214
- Retiree Account Statement
- Statement of Retirement Points
- Validating Actual Service
- Failure to Meet "Adequate Support" for Family
12:15 - 1:15, Michael C. Miller
- Jurisdictional Concerns
- Service Member's Civil Relief Act
- Service Regulations for Family Support
- Accelerated Determination of Support - Service Member's Civil Relief Act
- Enforcement of Support Orders and Garnishments
- Problems with Visitation and Family Care Plans
1:15 - 2:15, Terrence J. Benshoof
- Deployment of the Custodial Parent
- Unclear Custody Jurisdiction
- Failure to Accurately Divide the Marital Share of the Military Pension
2:45 - 3:45, Joseph A. DeWoskin
- How Military Pension Work - Active Duty, Guard/Reserve
- Jurisdiction to Divide the Pension; Domicile, Consent and Residence
- Language for the Order or Agreement - Active Duty
- The Guard/Reserve Case - How to Calculate Options, How to Word the Clause
- The "10/10 Case" and DFAS - Submitting the Pension Division Documents (DD Form 2293 and the Decree of Divorce or of Legal Separation)
- Indemnification Clauses - VA Disability Ratings, Divisibility of VA Disability Compensation, How to Beat the VA Disability Trap
- CRDP and CRSC (Concurrent Retirement and Disability Pay, Combat-Related Special Compensation) - Their Role in the Mix of Pension Division and Disability Pay
- Military Disability Retired Pay - TDRL, PDRL and Differentials Based in Years, % of Disability
- Taxes and the Pension Award
- Dealing with the "Less than 10/10" Case
- Missing Out on the Survivor Benefit Plan (SBP)
3:45 - 4:45, Joseph A. DeWoskin
- What SBP is, What it Costs, When it's Not Available
- Negotiating FOR the SBP
- Negotiating AGAINST it, Including Life Insurance, Mirror Benefit Awards, Present Value of the Benefit, and "Who Pays for It?"
- How to Word the Clauses
- Dates and Deadlines
- Forms to Use for Election, "Deemed Election"
- Failure to Factor in Medical Benefits
5:00 - 6:00, Terrence J. Benshoof
- 20/20/20 Coverage - Full Tricare
- Continued Health Care Benefit Program
This course is designed for attorneys. Paralegals may also benefit from attending.