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Military Retirement vs. Disability Pay

By Janice G. Inman

When handling the divorce of a couple that includes at least one military member or retiree, special concerns must be addressed. These include some obvious things, such as child custody and visitation schedules when one party may be deployed overseas or relocated to a distant base. Another well-known problem for family law attorneys is the complications posed by the laws related to military retirement and service-related disability benefits. Even when a lawyer is aware of the complications that can arise, attempts to protect the civilian party's rights to a portion of the service member's retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.

This article looks at what happened with these cases, as well as an older case out of New York.

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