Military Divorce Lawyer: How to File for Divorce, Dividing Military Retirement Benefits, and More
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- Опубліковано 7 вер 2020
- Military divorce presents extra hurdles not present in civilian divorce: how to divide military retirement benefits, who qualifies for them, how to file if a spouse is deployed, etc. This means that anyone going through a divorce involving a military service member requires an attorney experienced with handling military divorce.
Jillian French is a divorce attorney with Vaught Law Firm, LLC based in Austin, Texas. She focuses her practice on divorce, child custody, and child support. She has been handling military divorce matters for those near Fort Hood and surrounding areas since 2013.
In this interview, she explains what to expect from a divorce proceeding involving a service member and how an attorney can provide valuable assistance.
Contact her directly by calling 888-981-0085
Learn more at her AskTheLawyers™ profile: bit.ly/3jXitKT
0:30 - Can I divorce an active duty service member?
1:01 - Do you need to wait until the deployment is completed?
1:33 - How are military benefits divided in divorce?
2:30 - What about military retirement benefits divided?
3:32 - What percentage of benefits is the spouse entitled to?
4:06 - Do you need an attorney with military divorce experience?
4:31 - What makes military divorce so complicated?
5:08 - What about child custody for military parents?
6:02 - Why do military divorce matters need to be worked out ahead of time?
6:33 - What would you suggest to those in the military, or spouses of military members, who might be considering divorce?
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.
I’ve always thought that it’s a bit wild that during a divorce, the non-military spouse gets an entitlement to the military member’s retirement pension. I’ve seen so many people try to marry service members with the sole endeavor to receive and check when “things don’t work out”. I feel like the very nature of a military marriage where a service member’s life is dictated to in a way where family has to come second is sort of setup for a lot of marriages to fail and due to those circumstances a divorce with a military members should fall up under a different set of federal rules untouched by civilian state mandates or regular civilian marriage normalities.
But it’s almost impossible for spouses to have a consistent job while married-so many moves and child care concerns. That retirement was earned together.
Ann Born Someone’s job benefits are not earned together. The deployments, TDY’s, 24 hours duties, irregular hours and PCS movements and call ins are not earned together. They are earned by one person and fall upon that person regardless of marital status. Just because someone decides to accept a union between themselves at the service member and bear children does not morally entitled them to the compensation from the one individuals hardship from that job. I get what you said and understand the difficulties of being a military spouse but the hundreds of thousands of military spouses who have achieved higher educations and business careers using the benefits open to them from that position disproves your “almost impossible” because those are choices that require the same diligence to accomplish that the service member has to perform and put their LIFE on the line for. The amenities and resources given and available for military spouses is the compensation for the choice to be with a service member and the service member’s retirement pension is compensation to the service member for putting death on the line at the will of the government for an extended period of time. The service members pension for that isn’t increased or decreased or has a thing to do with being married or having children. Just because having a family makes things more difficult to do, which is a fact of life in general, does not create an extra entitlement out of one person’s direct life or death sacrifice once the relationship is over. Those entitlements and benefits were either used or not used during the marriage.
@@bruhman82 we are going to disagree here.
Yes they put their life on the line and receive benefits for that-and as a MARRIED couple we agreed I as the spouse would take care of ALL the household duties-care taking
He choose to have 4 children which yes, makes it “almost impossible” to pursue further education/job stability as the wife.
This is why there is a minimum number of married years before splitting up retirement is even an option.
Which spouse benefits are you referring to exactly that one can choose to take advantage of? Most of those are for spouses of enlisted soldiers, but since you didn’t mention specifics, but rather a blanket statement it is impossible to discuss.
Yes, he earned the retirement. But as a married couple we decided together to put his career as the focus while I put mine on hold in order to care for the children he also had. Together we made decisions that furthered his career. That is where I claim it was earned in part together.
It is not a moral decision to grant a spouse retirement. It is a matter of making sure one very active person in the relationship is not now destitute after giving their life to the support of the military member.
It isn’t as simple as “be diligent” to make a better life. There are real sacrifices a military spouse makes. So if sharing retirement is off the table, what do you think the answer is?
Ann Born of course we are going to disagree. “He” chose? So all of the responsibility is on him that he had children? And this of course is me assuming that these are also the children you had with him.
And the minimum year myth is exactly that, it’s a myth. They can decide whatever they want when considering pension allocation to a former spouse.
The only point that I am trying to make here is that there are plenty of spouses who were able to further their education, have and start careers while being a military spouse on active duty both enlisted and commissioned. I understand your point and I understand the debate. I have seen my fair share of spouses use this against their active duty service member partners. Claims that the life is what made them unhappy but will definitely fight for the pension. And the service member, being resented for that service and stripped of the compensation for putting their life on the line. And yes, it has left a very unsavory taste of the entire ordeal. The sacrifices are ridiculous when it comes to what you lose having a family while serving. All the things you miss, all of the things that are taken from you. All of the physical and mental scares you walk with for life. All for someone to leave, take your children, resent you, curse you, take your money, blame you for not having a life.. some choice!! To even state that “we both decided” only to use it against the person later to say “he chose” in the end and then want to be compensated money for that “choice” isn’t a choice. Its a hustle where “we decided” but “he” did it and you act as if you had no say so in the matter of what you wanted for your life. But I get it. Ex spouses wanting to be compensated a little extra above child support for being married to a service member specifically. I tell these young men to be careful who you choose to have a family with while serving. This life changes people.
Ann Born I am not attempting to take anything away about how difficult it is to be a military spouse. It is a hardship that even though you aware of what you are getting into, you’re NOT aware of what you are getting into. Hell, we (service member) didn’t even know how difficult this life would end up being. So please, don’t take any of that I’m saying as a disrespect to military spouses in general. It’s a difficult conversation and when you have witnessed the things that I have, it’s hard to keep sit neutrally with the reality of it all
I need an attorney to help me. DFAS claims to not be able to understand the language in my divorce agreement but it clearly states that I’m entitled to a Sims portion of my former spouse’s military pension and his other retirement benefits. I can’t find any one to help me with this. Even the attorney I had representing me when my former husband divorced me, is dragging her feet on this.
I’ve been requesting this money from DFAS since 2020 and I know I won’t get back pay. I’m 65 years old and need this money to live off. Can you help me sir?
That's why I get more
I need help!one day after our wedding day my husband in the military told me he wanted a divorce l,he has filed married even filed for housing and hasn’t talked to me or given me any type of benifits won’t give me any info!
Hi. If you know where he's stationed, you can go to his commander. If he's getting the with dependent rate but not supporting you, his dependent, that can get him into trouble financially and with his commander.
This should be repealed
22 years
My spouse left and is on the other side of the country now. My visits with my daughter are limited now because of this
Wow getting served a divorce while deployed is so fucked up.
Be careful who you marry....
What if the Female is in the military and retiring. Does the husband get half of her retirement? How do one keep 100% of their retirement check?
Don’t get married = keep 100% of your retirement check.
@@bruhman82 agreed.
Its sad to see men getting married and divorce is discussed within the year.
My buddy got married, it last 3 months.
No Hope Equals no fear new era of thinking. Sadly, a service member getting married this day and age with this “entitlement” generation is going to lead to a lot of home front chaos. This generation just doesn’t have the mental and emotional fortitude for a union of that nature. Everybody wants the fantasy social media “live your best life” feeling.
@@nohopeequalsnofear3242 The retirement is divided for the length of the marriage. To receive something you need to be married for at least 15 years
@Naty Avellaneda that's false. The 15 year rule just means whatever the judge decides gets paid out directly by dfas. The judge can order the military member to pay the x spouse directly a certain percentage though.
Mtsc William van der velden
They need to fix this shit.
Marc huff
This makes no sense…wife did nothing for something…
Tell Jax FL and all these ninkapoots that's why they don't get to keep anything