Main Menu Practice Areas
Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Supreme Court clarifies family law for divorced military couples

A question of how pension and disability benefits are distributed between divorcing military couples has recently been answered by the Supreme Court. Many military couples in Texas and all across the nation had been facing this issue, with varied responses from the states. However, a May ruling put the question to rest for good and provided a consistent guideline to be applied by family law practitioners. 

A military vet with less than 50 percent disability can choose disability pay, but in choosing this, the pension of the vet will be reduced in an equal amount. The vet will still receive the same amount of cash, but it will be allocated differently. For divorcing couples, this is notable because the pension is considered a marital asset to be divided, but the disability pay is not. 

Previously, in some states, the disabled vet had to make up any difference in the prior pension payment to the ex-spouse if the decision to receive disability payments reduced the pension check. In other states, the vet did not have to make up the shortfall. When the case of one couple dealing with this issue went to the Supreme Court, the court ruled that disabled vets were not responsible for extra payments when the pension check was reduced. 

The ruling gives a consistent guideline that now applies that same way in Texas as it will in other states. Couples will need to take this ruling into account when confronting family law issues in a military divorce. A helpful tool for both spouses is the aid of a knowledgeable attorney. A lawyer can help a divorcing person achieve a fair and just amount of community assets when a marriage is dissolved. 

Source: military.com, "Supreme Court Ruling May Cut Spouses' Divorce Pension Payments", Amy Bushatz, May 18, 2017

No Comments

Leave a comment
Comment Information
Supreme Court clarifies family law for divorced military couples | Barbara L. Jouette, Attorney, P.C.
Main Menu Practice Areas
Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Supreme Court clarifies family law for divorced military couples

A question of how pension and disability benefits are distributed between divorcing military couples has recently been answered by the Supreme Court. Many military couples in Texas and all across the nation had been facing this issue, with varied responses from the states. However, a May ruling put the question to rest for good and provided a consistent guideline to be applied by family law practitioners. 

A military vet with less than 50 percent disability can choose disability pay, but in choosing this, the pension of the vet will be reduced in an equal amount. The vet will still receive the same amount of cash, but it will be allocated differently. For divorcing couples, this is notable because the pension is considered a marital asset to be divided, but the disability pay is not. 

Previously, in some states, the disabled vet had to make up any difference in the prior pension payment to the ex-spouse if the decision to receive disability payments reduced the pension check. In other states, the vet did not have to make up the shortfall. When the case of one couple dealing with this issue went to the Supreme Court, the court ruled that disabled vets were not responsible for extra payments when the pension check was reduced. 

The ruling gives a consistent guideline that now applies that same way in Texas as it will in other states. Couples will need to take this ruling into account when confronting family law issues in a military divorce. A helpful tool for both spouses is the aid of a knowledgeable attorney. A lawyer can help a divorcing person achieve a fair and just amount of community assets when a marriage is dissolved. 

Source: military.com, "Supreme Court Ruling May Cut Spouses' Divorce Pension Payments", Amy Bushatz, May 18, 2017

No Comments

Leave a comment
Comment Information