Successfully Safeguarding Your Military Family
The ins and outs of family law issues and estate planning details can cause major headaches for military couples and families. The question of state vs. federal rules and getting everything matched up in Defense Finance and Accounting Service (DFAS) and Defense Enrollment Eligibility Reporting System (DEERS) means you need an experienced, knowledgeable legal team in your corner. The Micklin Law Group has experience you can rely on.
If you and/or your spouse are are in the military and have reached the decision that a legal separation or divorce is what’s right for you, we can help. At The Micklin Law Group, we are well-versed in the regulations around pension division, Survivor Benefit Plans and distribution of medical benefits, just to name a few.
The question of whether a former spouse is entitled to alimony after the dissolution of a military marriage is determined by what is known as the 10/10 rule. Under the 10/10 rule, defined by the Uniformed Services Former Spouses Protection Act (USFSPA), a person must have been married to a service member for at least ten (10) years of active military service, (where the service was attributable for retirement eligibility). There are not, however, any special provisions for the payment of alimony to former military spouses.
Custodial Rights Relinquishment
Divorced military parents preparing for deployment have a lot of logistics to account for–not the least of which is making custody arrangements. If you are deploying for longer than 90 days, you are required to relinquish your custody rights to a person of your choosing. Making this kind of modification to your previous agreement requires you to notify the child’s other parent in writing 10 or more days prior to a time-sharing modification hearing.
It is important to note that upon your return from deployment, your previous rights will not be automatically reinstated, but will require an additional court appearance. These arrangements can be tedious and troublesome, but The Micklin Law Group is here to help.
While service members can work with JAG lawyers to create powers of attorney, medical directives, and wills, The Micklin Law Group is also proud to offer these services to our military clients. We have years of experience with detailed, personalized estate planning, ensuring all clients understand their rights and responsibilities that come with each document we draft. Especially in military families, having a durable power of attorney in place at all times (not just prior to planned deployments) is highly recommended. This paperwork, along with an advance medical directive, last will and testament, and a trust, will help ensure your wants and needs are met in the event you are unable to voice your thoughts. Working with an experienced team like the attorneys at The Micklin Law Group, you can rest assured your family and assets are protected.
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