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In this article, we tackle how to address deadlines in military divorce cases. The essential component of "beating the clock" is critical to manage malpractice risk. Military divorce cases have [...]

Veterans often find themselves struggling with high debt loads and poor credit as a consequence of frequent relocations and deployments. Those struggling financially may be particularly vulnerable to abusive and [...]

Part 1 of this article, which appeared in the last issue of the AJFL, covered the new rule for division of military retired pay (as of December 23, 2016), the [...]

The National Defense Authorization Act for Fiscal Year 2017 (NDAA 17) contained a major revision of how military pension division orders are written and will operate. Instead of allowing the [...]

Introduction Sally Green, a servicemember, has just hired you to handle the divorce and all related issues. Congratulations, you have your first military divorce case! Before the ink is dry [...]

I. Introduction Military retired pay generally refers to the retirement benefits obtained as a result of uniformed service in the United States Army, Air Force, Navy, and Marine Corps, as [...]

I. Introduction Family law attorneys familiar with representing the nonmilitary spouse know the Tenth Commandment of a military divorce is "Thou Shalt Be Aware of Federal Health Benefits!" (1) After [...]

Introduction (2) The law concerning waiver of military retired pay in exchange for Department of Veterans Affairs (VA) disability compensation allows a retiree to elect an amount of tax-free disability [...]

Family law practitioners should understand that the Uniformed Services Former Spouses' Protection Act (USFSPA) (1) permits states to divide servicemembers' disposable military retired pay (2) as marital property in a [...]

In McCarty v. McCarty, (1) the US Supreme Court held that military retired pay was not to be treated by state courts as community property in divorce cases. In response, [...]

The author responds to an article by James O'Reilly, which contends that the veterans benefits appeals system takes too long to resolve appeals. The author proposes replacing the VA appeals structure with the one used for Social Security Administration benefits appeals. He also advocates the use of deadlines for resolving veterans benefits appeals.

I. Introduction The Uniformed Services Former Spouses' Protection Act (USFSPA) (1) is not just for allocation and distribution of military retired pay in divorce and property division cases. It also [...]