Military members and their spouses do not automatically acquire a new “domicile” when the relocate (“PCS”) to a new duty station in a new State.
First, let’s distinguish the terms “residence” from “domicile.” A residence is an address or place...
Survivor Benefit Plan Now Transferrable to New Spouse after Former Spouse Dies
Until passage of the 2016 National Defense Authorization Act (NDAA), any Survivor Benefit Plan (SBP) coverage awarded a former spouse in a military divorce vanished when the former spouse died before the retired servicemember. It was impossible for the retired servicemember to enroll a new spouse. Fortunately, that inequity is a thing of the past.
In...
Military Retirement System Reform Starting in 2018
The National Defense Authorization Act of 2016 (Public Law 114-92) has changed the landscape of the military retirement system, as follows:
Persons entering the military on or after January 1, 2018, will be under the new "modernized" retirement system.Servicemembers with less than 12 years of service as of December 31, 2017 (i.e. those entering between...Fraudulent Concealment, Destruction or Alteration of a Will
Family dynamics can turn nasty, particularly after a parent or relative dies and a struggle for a portion of the decedent's estate among family members looms. What, if any, consequences are there if a person deceives others about the existence or content of the decedent's Will?
The Texas Penal Code Section 32.47 establishes that:
"A person...Survivor Benefit Plan (SBP) “Base Amount” at Retirement or Divorce
A servicemember's military retired pay stops when the servicemember dies. Likewise, in military divorce, a former spouse's share of military retired pay also stops when the servicemember dies. How can the former spouse replace some or all of the income stream from retired pay that terminates on the servicemember's death? The answer is to have...
Part 2 – Completing a Divorce When the Other Spouse’s Whereabouts Are Unknown
This is the second in a two-part blog. This second blog focuses on the two tracks available for finishing a divorce when: (1) the other spouse's whereabouts are unknown; (2) the other spouse has been served by "Citation by Publication"; and, (3) the other spouse failed to file an answer or other responsive pleading. Before reading this...
Completing a Divorce When the Other Spouse’s Whereabouts are Unknown
The law requires that the spouse you are suing for divorce (i.e. the Respondent) be served with a copy of the divorce petition and afforded an opportunity to respond. How can you meet that requirement when the whereabouts of the other spouse are unknown?
In these situations, the law permits the other spouse to...
Unmarried Cohabitants and an Entitlement to Spousal Maintenance (Not!)
Occasionally I get asked whether a partner from a long-time cohabitation relationship can ever qualify for court-ordered "spousal" maintenance? The answer is, "no." Section 8.061 of the Family Code makes clear that "an order for maintenance is not authorized between unmarried cohabitants under any circumstances." [emphasis added]
You may next wonder whether...
Divorce and Ex-Spouse’s Authority Under Statutory Durable Power of Attorney
If you appointed your spouse as your Agent under a Statutory Durable Power of Attorney, divorce terminates your now ex-spouse's authority to act. The only exception is where the Statutory Durable Power of Attorney expressly provides otherwise.
While termination of the ex-spouse's authority occurs "by operation of law," it is prudent for the principal...
How Does a Military Grandparent get a Grandchild in their Custody TRICARE Eligible?
Recently I've helped several active and retired military grandparents who, having gained possession of a grandchild, need to make the grandchild eligible for TRICARE enrollment. If the grandchild isn't adopted by the grandparents, DOD regulations require that the grandchild qualify as a "legal ward" to be eligible. While each service has its own regulations enacting DOD policy,...