Federal law is pretty clear – a military disability retirement (also known as a “Chapter 61” retirement) is not divisible property in a divorce, with a limited exception to the extent that the longevity method results in a higher payout than the percentage of disability method. See our article on…
VA disability and divorce – two words which do not go well together, at least judging by the extensive litigation for decades about the extent of state court authority over the disability benefits. In 2017, the U.S. Supreme Court unanimously held that, because federal law prohibits state courts from dividing…
Military Spouse Divorce Retirement Pay vs Separation Pay Separation pay is what a member may receive when separated from the military prior to retirement – these alternatives to retirement are often divisible at divorce, especially in Colorado thanks to the Heupel decision. And when a share of that separation pay…
FERS and Military Retirement Service Credit The Federal Employees Retirement System (FERS) pension vests at five years: “an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible” for the FERS annuity. 5 U.S. Code § 8410. Moreover, a federal…
In December 2016, Congress dropped a bombshell on the family law world. For the first time since the Uniformed Services Former Spouses Protection Act was enacted 33 years previously, the federal government has basically “federalized” the formula for military spouse retirement benefits. The National Defense Authorization Act, or NDAA, is…
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Robert Weeks
05/26/2019
“Where do I begin? Well AFTER have a consultation with another attorney (who made me feel as though I was undeserving of his expertise) I was extremely apprehensive when coming to Graham Law. This was immediately squashed when Carl shook my hand. Carl is the most professional , just basically awesome person that I have met in quite a long time . He broke my situation down in a way that I could easily understand it . TOP NOTCH PEOPLE!! I would recommend Graham Law to ANYONE!”