Recently, I was contacted by a Former Spouse trying to understand a letter she received from the Defense Finance and Accounting Service (DFAS) informing that payment of her Former Spouse retired pay, which she'd received regularly for years, had been suspended. She'd called DFAS and was told the suspension was related to matters that...
Divorce: Can I Get Reimbursed for Paying my Spouse’s Student Loans?
A common question I get is whether a client who paid the soon-to-be former spouse's student loan(s) is entitled to reimbursement. The Texas Family Code answers this question directly -- "no," a reimbursement claim for payment of the other spouse's student loan(s) is prohibited by statute.
Other potential reimbursement claims that are prohibited by statute...
Chapter 61 Retirement, Concurrent Retirement and Disability Pay, and Military Divorce
Retirement under Title 10 United States Code Chapter 61 occurs when a Servicemember's military department (e.g. Department of the Army, Department of the Navy, etc.) finds the Servicemember unfit for further duty due to a disability. The Uniformed Services Former Spouse Protection Act (USFSPA), codified at 10 U.S.C. Sec. 1408, excludes all sums received...
Military Divorce: Value of Retired Pay
Military retired pay tends to be the largest asset in divorce. Consider the following for active duty Servicemembers who retired in 2019 will pass away on their actuarial death:
The present value for an O-6 who retired with 30 years of service is $2.41 million dollars. The present value for an O-5 who retired with 28...Military Divorce: Stats on Military Retirees in Texas and the San Antonio Region
Texas ranks first with 9.95% or 215,818 of the nation's 2.168 million military retirees living in the Lone Star State. The top five States with the largest military retiree populations are as follows:
Texas: 215,818 Florida: 202,840Virginia: 157,821 California: 154,736 Georgia: 99,645Closer to home, approximately 18% or 38,997 of Texas' military retirees live in the...
Military Divorce: Blended Retirement System Lump Sum Payment Option
I recently gave a presentation on the military's new Blended Retirement System (BRS) at the Family Law Bar Association - San Antonio. The paper I wrote is on our website under the "Forms" tab.
A lump sum option may be selected by a Servicemember within 90 days of retirement. The first lump sum...
Continue reading…
Can A Court Order for Post-Divorce Spousal Maintenance Be Modified?
Yes, it can. The Petitioner or Movant must file a Motion to Modify Post-Divorce Spousal Maintenance in the Court that made the initial order. Procedures for filing an original suit apply, which means the former spouse receiving maintenance must be served with citation.
At an evidentiary hearing, the Movant bears the burden of...
How Recoupment of Separation Incentive Pay Impacts Former Spouse Pay
Some servicemembers left military service by taking Voluntary Separation Incentive (VSI) pay or Special Separation Bonus (SSB) pay and later returned to military duty and qualified for either an active duty or reserve component retirement. So, what happens to the VSI or SSB payments the servicemember received?
DFAS will recoup the amount of VSI or...
DFAS Says I Need a Clarification Order – Must My Ex-Spouse Be Served?
Yes, when DFAS tells a former spouse that a clarification order is necessary to receive former spouse retired pay, the ex-spouse/Servicemember "must" be served with notice of the clarification proceeding. The former spouse cannot simply claim the Court has jurisdiction over the Servicemember because of a prior proceeding (e.g. the divorce).
More importantly,...
Can Former Spouse Retired Pay Payments Be Stopped?
The answer to the question of whether a former spouse's retired pay payments can be stopped is, "it depends." The Dep't. of Defense regulation governing this subject matter states the following:
"Unless the court order specifies otherwise, payments will stop upon [DFAS's] receipt of notice of the death of either party. Payments will be...