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The Survivor Benefit Plan is the survivor annuity associated with military retired pay. If the servicemember (SM) or retiree dies first, the spouse or former spouse (FS) survivor will receive 55% of the selected base amount (which is usually based on the full pension) for life.
Although most divorce matters which involve military pension division are resolved through a negotiated settlement, sometimes a case goes to trial. Not much has been written about contested trials regarding military retirement benefits.
There’s a lot of confusion in the area of garnishment of VA disability benefits for support. This article is about IWO’s (income withholding orders) and the garnishment of VA disability compensation of military retirees for family support.
When parties divorce with significant assets, much of the litigation involves the division of property. In all cases, it is up to the parties or the court to decide how to divide financial accounts, as well as personal property and real estate.
Prenuptial, or premarital agreements, are contracts that are entered into by parties that anticipate marrying each other.
Paternity cases are used to determine the father of a child. This is important because being the biological parent of a child is entitled to certain rights and obligations.
Child custody issues can arise from multiple different types of cases. The Probate and Family Court has the authority to enter child custody and parenting orders stemming from paternity cases, domestic abuse matters, complaints for child custody (when paternity has been established), and during and after divorce.
Alimony, or spousal support, is a payment from one spouse to the other. The payment may be ordered for a variety of reasons.
Family law is one area of law that does not always have to be decided in a courtroom. Litigants have the option of utilizing other methods to avoid court, called alternative dispute resolution or “ADR”.
This is an example of the cross-examination of MSG which might be employed by the lawyer for the husband. As can be seen in the rapidly deteriorating line of cross-examinatio, the non-military spouse’s attorney might want to take a pass on adverse examination of the service member regarding SBP.