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Novi divorce attorney for military retirement benefitsWhen a member of the military or the spouse of a military member files for divorce, they face certain challenges and issues that other divorcing couples may not face. For example, one major issue that divorcing military spouses may need to address is determining how military retirement benefits are distributed between spouses. When a person joins the military, they receive various benefits, such as free or subsidized healthcare, access to various military bases, and generous retirement benefits when their time in the service is done. Those benefits could become an asset of interest during a divorce, which is why you should know how they are handled in the event you and your spouse disagree.

Divorce and the Uniformed Services Former Spouses’ Protection Act

According to the Uniformed Services Former Spouses’ Protection Act (USFSPA), a person is only eligible to receive payments directly from the Department of Finance and Accounting (DFAS)  if they meet the requirements of the “10/10 rule.” This rule states that spouses must have been married for at least 10 years, and the service member must have served 10 years during the marriage. If the couple was not married for 10 years, or the serving spouse did not serve 10 years, then the other spouse is not eligible for payments directly from DFAS.

A Spouse May Still Receive Retirement Benefits Through Their Divorce Agreement

However, a person still may be able to receive a portion of their spouse’s military retirement pay if it is included in the divorce agreement. In addition to setting the 10/10 rule, the USFSPA allows each state to apply its own rules and include military retirement benefits in the property division process. In Michigan, courts try to distribute marital property in an equitable manner, meaning that it may not always be a 50/50 split. If a person is awarded a portion of their spouse’s military benefits in their divorce settlement, they may receive up to 50 percent of the total retirement award. 

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Financial Dos and Do Nots of Divorce

Posted on in Divorce

Oakland County divorce lawyersDivorce can change many aspects of your life, including your finances. Without a second income to depend on anymore, your entire financial situation may look different once your divorce is finalized. However, if you enlist the help of a Michigan divorce lawyer and financial advisor, you can get control of your finances.

Things to Do and Not to Do

There is no question that divorce can be extremely difficult. Things get much harder, however, when you are feeling like you do not have control of your finances. The good news is that with a little organization, you can easily put yourself in a much better position--and probably much more quickly than you might have thought possible. 

Here are a few financial do’s and don’ts of divorce to consider.

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Oakland County divorce lawyersNot all marriages have a happy ending. While most people go into a marriage thinking it will last for the rest of their lives, some marriages do end in divorce. Divorce is not uncommon in the United States; depending on the source that is consulted, anywhere from 35 to 50 percent of couples who get married will eventually end up getting a divorce at some point. For many couples who have children, one of the biggest uncertainties that they must deal with is wondering how the divorce will affect their children.

Divorce May Not Be as Harmful as You Think

Many people believe that divorce is one of the worst things that you could subject your children to. While it would be a lie to say that divorce does not affect children, it is not always as harmful as parents fear. In fact, there have been multiple studies conducted that have found that it is not divorce, specifically, that has a negative effect on children — it is conflict. When parents subject their children to constant conflict is when their children can suffer from various negative effects, such as behavioral issues and trouble with future romantic relationships.

Signs to Watch For

Even during the most amicable of divorces, children can be affected by their parents’ split. If you feel overwhelmed, your children likely feel even more overwhelmed than you. Here are a few signs that your child may be struggling with your divorce:

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Farmington Hills family law attorney, parenting plan, uncontested divorce, child support, child support payments

Originally published: March 2018 -- Updated: May 2021

Laws are constantly changing in order to provide better services and protections to people in the community. Recently, child support laws in Michigan have been updated to contain information about what to do when a parent is incapacitated. In many cases, when someone becomes incapacitated because of a disease, illness or injury, it may not be certain when they will recover and begin earning income again. The section added to the Michigan child support manual addresses these types of situations and provides information on what to do in those situations.

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novi divorce lawyerGetting a divorce can be financially disastrous. Depending on the circumstances of your divorce, a divorce can cost anywhere from thousands to hundreds of thousands of dollars to complete. Getting a divorce when you are close to retirement can be especially devastating. In many cases, retirement accounts are considered to be marital property and are subject to division during the property division phase of your divorce. Fortunately, the Social Security Administration (SSA) allows individuals to collect Social Security benefits through their ex-spouse’s benefit to help supplement their income during retirement.

Qualifying for Benefits Through Your Ex-Spouse

In order to claim benefits through your ex-spouse’s work record, there are certain criteria that you must meet. You can claim up to half of the amount of your ex-spouse’s benefit even if they have remarried, however, all of the following must be true to be eligible to claim this benefit:

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