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Divorce and the Military

By Evan B. Brandes

One of the least understood areas of law that New York matrimonial lawyers may encounter is the equitable distribution of military benefits. This is largely due to the relatively small number of military personnel who have traditionally resided in New York, the even smaller number of military personnel who divorce here, the paucity of the decisions dealing with them, and the lack of sufficient interest to spark Continuing Legal Education providers in this state to devote attention to the subject. Still, there are more than a few military personnel in New York, so any attorney may one day find him/herself having to decipher the intricacies of federal military retirement and disability laws on behalf of a client. Therefore, an understanding of each of the military benefits that can be distributed upon divorce and the circumstances under which they can be distributed may one day prove useful.

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