The intersection of family law and military benefits has long been a complex and challenging terrain to navigate. Military compensation includes various components, such as base pay, allowances, special pay, and, eventually, a pension upon qualifying for retirement. Military pensions operate on a defined benefit system, meaning the pension amount is predetermined based on factorsRead more
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The New Jersey Appellate Division just published what will likely be a seminal case on military divorce law in this State. The case dealt with a veteran who was collecting his military pension and then waived his entire pension to collect tax-free VA disability benefits. The spouse, who was supposed to collect part of theRead more
If you ask someone the first thing that they think of when you say “custody” they usually respond with “battle”. There is certainly a perception that custody is almost always a “battle”. While that can be true, it is not always the case.Read more
The National Defense Authorization Act of 2016 radically changed the retirement system for military service members. It created the new Blended Retirement System (“BRS”) which became effective January 1, 2018. This new system has created some very unique issues for previously divorced military couples and those who are contemplating a military divorce in the future.Read more
The VA just awarded you 100% disability – Can you stop working and reduce your support obligations? The short answer is it “depends.” However, you should know how your VA disability compensation may affect your child support and alimony.Read more
The unfortunate reality is that Domestic Violence remains prevalent in American society. As a matrimonial attorney, I often meet with clients who have previously been abused by a significant other and/or are currently involved in an abusive relationship. Unfortunately, studies show that it often takes years and multiple acts of abuse before the victim leavesRead more
If you’re like most retired or soon to be retired military, you have a few service related injuries that you might want to convert into a disability rating with the VA and collect tax free compensation. And as many of you know, when you are collecting a pension, you cannot “double-dip” and collect both VARead more
Military service members and spouses contemplating divorce want to know how much of the military pension will be split in the process. In New Jersey, as elsewhere, the former spouse of a military service member may be entitled to a certain portion of the military retiree’s pension.Read more
Going through a divorce is tough on the parents and on their children. This is especially so for military families. All too often, neither of the parties are native residents of the State they currently reside due to the constant moving required by the military. For this reason, the custodial parent may want to relocateRead more