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Compute Your Own Guidelines
The preferred program of most major
courts, Judges and Masters in Georgia.
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Military
Pensions
By Stuart H. Grozbean |
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"WHAT YOU NEED TO
KNOW, BE SMART -
UNDERSTAND THE LAW"
Mr.
Grozbean has been quoted in the
Washington Post, USA Today and
on the various television and
news channels.
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We
often
get
questions
on
military
pensions
and
whether
there
is
any
truth
that
if a
couple
has
not
been
married
for
10
years
the
spouse
is
excluded
for
sharing
in
the
pension.The
answer
is
YES.
but
only
if
you
read
the
fine
print
and
look
at
the
case
law.
A
review
of
USFSPA
provides
military
retirement
payments
may
not
be
made
"under
this
section"
to a
former
spouse
who
was
not
married
to
the
service
member
for
at
least
10
years.
10
U.S.C.
Sec.
1408(d)(2).
The
10-year
requirement
applies
only
to
military
retirement
pay
paid
directly
by
the
military
finance
center
to
the
former
spouse.
Virginia
appellate
courts
have
stated
while
a
10-year
marriage
is a
condition
for
direct
payment,
failure
to
meet
the
10-year
requirement
does
not
bar
the
court's
division
of a
spouse's
military
retirement
pay.
Cook
v.
Cook
, 18
Va.
App.
726,
446
S.E.2d
894
(1994).
Likewise,
the
Court
have
held
that
even
if
the
military
personnel
has
not
served
20
years
and
is
not
fully
vested,
not
mean
that
the
spouse
is
excluded.
Like
any
pension,
the
military
pension
is a
deferred
compensation
and
can
be
includable
for
consideration
in a
divorce.
Similarly,
The
marital
estate
for
purposes
of
dividing
the
pension,
includes
only
that
portion
of a
military
pension
which
is
earned
during
the
marriage.
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Military
pensions
are
tricky
and
you
need
to
talk
to a
qualified
domestic
relations
attorney
who
can
better
assist
you.
Information
provided
by:
BELLI, WEIL, GROZBEAN & DAVIS, LLP
located
at
http://www.bwg-law.com/home.html |
Free Child Support
Analysis With
Consultation!
FOR
FREE CONSULTATION CALL:
301-738-5700 |
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YOU SHOULD REMEMBER THE
INFORMATION THAT YOU READ HERE
IS GENERAL IN NATURE AND NOT
MEANT TO BE A SUBSTITUTE FOR
SPECIFIC LEGAL ADVICE FROM AN
ATTORNEY.
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* Free consultation 30 minutes by
phone or in person. To be determined by law firm.
Note: Telephone Conversation / consultation does
not create an attorney client privilege and is
only meant to provide general information. If
you intend to create an attorney client
relationship and privileges you must set an
office appointment.
**Affiliate
offices are separately owned and operated law firms. No other inference
of connection is implied or represented. Law firm does not assume
any responsibility or liability express or implied as to any other
affiliate office.” |
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A Georgia law firm
serving the state of Georgia, Washington D.C. and clients across the
nation. Georgia lawyers are also licensed in the District of Columbia,
Florida and Montana. We work with lawyers around the country to provide
the very best representation.
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