Hartley Law Office, LLC

Hartley Law Office, LLC

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Military retirement plans require attention to detail

As a previous post on this blog discussed, sometimes getting through a negotiation about one's retirement benefits is only half the battle when it comes to dividing up property after a divorce or separation.

Dayton, Ohio, residents, as well as military personnel and former military personnel and civilian government workers who live in the area, also have to worry about lots of practical details associated with actually divvying up these assets.

Attending to these details are among the most important tasks of local family law attorneys, and our office takes pride in considering and caring for these details so as to ensure our clients actually get the property and income to which they agreed and which they have every right to expect.

As an important reminder to those in the military, however, retirement plans associated with servicemembers require even more attention, as there are some unique legal complexities and issues surrounding them. We are quite familiar with these extra challenges and are prepared to help our military clients, or their spouses, navigate through them.

For instance, while federal law will ordinarily allow for a former spouse to share in a solider or sailor's retirement benefits, the former spouse will have to be proactive in asking for their fair share of these benefits at the risk of not receiving them. This may necessitate a well-calculated subpoena or discovery request.

Likewise, there are some ways a veteran may attempt to protect these funds, for example, by attempting to forego a retirement pension in lieu of disability payments. Even if this is a valid option for a veteran, alternatives may also be available to a spouse who otherwise would miss out on retirements funds that he or she may have devoted a lot of time and energy helping that solider earn.

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