Home Add to Favorite Contact Submit  
             29 November, 2020
 

    
Category:  Articles » Reference & Education » Legal

 

Treatment of Disability Pay in Virginia Military Divorce, Part I

Popularity:
         Views: 1915
2007-03-07 06:47:56     
Article by James Livesay

In military divorce cases, Virginia courts are allowed by the federal Uniformed Services Former Spouses Protection Act (the USFSPA) to award the service members former spouse a portion of his or her disposable retired pay. The USFSPA excludes from the definition of disposable retired pay any disability pay the service member receives.

A service member may receive one of two different types of disability pay, both of which are excluded from the USFSPA definition of disposable retired pay: (1) military disability retired pay, and (2) VA disability compensation. The exclusion of disability pay benefits from the definition of disposable retired pay means that the former spouse of a service member may lose out on hundreds or thousands of dollars per month that he or she might otherwise have received in a division of the member's disposable retired pay.

Military disability retired pay is available for those service members who are sufficiently disabled that they cannot perform their assigned duties. If a member has enough creditable service, the member may be placed on the "disability retired list" and may begin to draw disability retired pay.

Let's look at the example of (the entirely hypothetical) Marine Colonel Jessup. A year ago, Colonel Jessup left his wife in Virginia and took a new set of orders to Naval Base Guantanamo, in Guantanamo Bay, Cuba. The Colonel told his wife that he would "send for her" once he got settled in Cuba. However, soon after arriving at "Gitmo," the Colonel fell in love with a younger Cuban woman, and told his wife their marriage was over.

Colonel Jessup's wife has now been granted a divorce from the Colonel in Virginia (her current place of residence) on the ground of desertion. The Virginia court has awarded the now former Mrs. Jessup 50% of Colonel Jessup's disposable retired pay. But that wasn't enough for the scorned Mrs. Jessup. She also filed a charge of adultery against Colonel Jessup with the Marine Corps.

Colonel Jessup is now having breakfast on base with two intrepid Navy Judge Advocates conducting an investigation of the adultery charge. Colonel Jessup is explaining to them: "You want to investigate me, roll the dice and take your chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for one second that you can come down here, flash a badge, and make me...."

Just then, one of the legs of Colonel Jessup's chair snaps, causing him to fall awkwardly to the floor. Colonel Jessup is rushed to the hospital, where doctors find that that he has cracked several vertebrae in his back. Colonel Jessup's days in the Marine Corps are over. The Colonel applies for military disability from the Corps. The Marine Corps rates Colonel Jessup as 40% disabled, and incidentally drops the adultery charge against him.

Colonel Jessup leaves the military after 20 years of service. Colonel Jessup will receive disability retired pay in an amount equal to the Colonel's normal retired pay based on his years of service, or his base pay times his disability rating, whichever amount is greater.

This can be viewed as a three-step process (for the purposes of this example, assume Colonel Jessup has an active duty base pay of $3,000 per month): The first step is to calculate Colonel Jessup's normal retired pay based on his years of service. This is done by multiplying his active duty base pay by his years of service by 2.5%; in this case, $3,000 x 20 years x 2.5% = $1,500.

The next step is to multiply Colonel Jessup's base pay times his disability rating. In this case, $3,000 x 40% = $2,200. Colonel Jessup would then receive the higher of these two amounts as his military disability retired pay: in this case, he would receive $1,500 per month. In Colonel Jessup's case, the Uniformed Services Former Spouses Protection Act provides that the amount of the Colonel's military disability retired pay that derives from multiplying his base pay times his disability rating is not divisible.

Thus, in this case, $1,200 of Colonel Jessup's military disability retired pay is "off limits" to division per the order of the Virginia divorce court. The court order can be used to divide only the remaining $300 of Colonel Jessup's military disability retired pay. Thus, the former Mrs. Jessup will receive only 50% of $300, or $150 per month.

Specialized in: Lawyer - Attorney - Fredericksburg - Stafford - Woodbridge - Virginia - Va - Divorce - Personal Injury - Criminal - Construction Law - Criminal Defense - Military Divorce - Military Retirement - Spotsylvania
URL: http://www.lawyers-virginia.com
Print article      Bookmark this page
Related Articles 
Typical Cases Handled by Accident Lawyers Pennsylvania (Popularity: ): Accidents are often caused owing to negligence or disregard for others’ safety. If you are a victim of such an accident, getting timely medical and legal help is of utmost importance. Accidents can be of many types. Sometimes, accidents that seem like minor ones could lead to serious physical damage and monetary losses. Accident lawyers Pennsylvania can help you deal with all the issues arising from an accident, especially one ...
How To Write Winning Law School Personal Statements (Popularity: ): After weighing academic performance, law schools are most interested in assembling a class of interesting people. In this sense, their criteria are broader than those used by business or medical schools, whose applicants face more clearly defined expectations. Unfortunately, law school applicants often find this freedom intimidating rather than encouraging.Too often writers resort to a safe route, and it should be obvious why such an approach would prevent them from ...
Things to Avoid While Filing Whiplash Claim Compensation Requests (Popularity: ): Most claimants are aware of the things that they need to do while filing a whiplash claim compensation request but many claimants are not aware of the few things that must not be done. This article will elaborate on a few things that can cause your whiplash claim compensation request to be denied immediately. Never admit liability. Although it may seem instinctive to apologize for the accident and claim liability, ...
How Credit Monitoring Can Avoid Identity Theft (Popularity: ): As you know, constantly monitoring your credit will help you avoid identity theft, in the sense that you will be able to catch the perpetrator before he does much damage. While you can check your credit report every year for free, this might not be enough to catch identity theft. Credit monitoring services that require monthly subscriptions will give you alerts via email, SMS, or standard mail about changes made ...
Types of Personal Injury Claim Lawyers (Popularity: ): A personal injury claim lawyer caters to various types of clients who want to file claims for compensation related to many types of accidents. Before filing a for personal injury compensation it is always advised to learn about the various types of solicitors so that the claimant can hire the right type of solicitor. This article will elaborate on the three types of personal injury claim lawyers in UK. The ...


Related Business 
Virginia Beach Divorce Attorneys (Popularity: ): Norfolk VA divorce lawyers that handles Virginia divorce, child custody, child support and military divorces. Our Norfolk family law attorneys handle all family law matters. Virginia Beach and Newport News divorce attorney. Norfolk VA family lawyer.
Jacksonville Military Divorce Attorneys (Popularity: ): Jacksonville FL divorce lawyers that handles Florida divorce, child custody, child support and military divorces. Our Jacksonville family law attorneys handle family law matters. Jacksonville military divorce attorney.
Virginia Divorce Lawyer (Popularity: ): Divorcevirginia.net also handles cases for divorce by publication. This method of divorce takes a little longer and is a bit more expensive but our divorce lawyers assure you excellent services.
Divorce Guide (Popularity: ): Divorce guide which provides information about how to get support, help and advice about divorce in USA. The legal divorce procedures differ from one country to another. In USA, the divorce procedures vary according to the federal divorce laws. So, before heading for a divorce, couples are advised to know in detail the litigation procedures of each state in the nation, especially, the legal procedures of the state where they ...
Divorce Checklist For men (Popularity: ): It is crucial to have a divorce checklist before and during your divorce. Divorce and going through with divorce has never been easy. Divorce causes a lot of emotional turmoil and mental exertion. Life goes through a tremendous change after divorce and a person has to think all over again about life after divorce.
Military.com (Popularity: ): Web resource for all aspects of military living: includes military news, pay and benefits, education, veteran resources, reunions and locators.
Chicago Metropolitan Area (Popularity: ): Divorce Magazine is the Internet's leading divorce and separation resource site, providing information and advice about divorce law, divorce lawyers, family law, children and divorce, and other divorce-related issues as well as information on divorce professionals such as family lawyers and online divorce. At Divorce Magazine, we realize that going through a divorce is a very delicate matter, and we're here to help you through the divorce and separation process.
Tipon Law Firm, LLLC. (Popularity: ): Our Hawaii attorneys handle cases involving military law, family law, divorce, child custody, child support, guardianships, criminal defense, military divorce, military defense, child custody, child support, restraining orders (TRO) and deportation. You need an expert for your case, and our attorneys can aggressively represent you no matter what issues arise.
The Essential Guide To Divorce (Popularity: ): Divorce Guide is an website containing free divorce advice and information, including a step-by-step divorce advice on how to divorce, divorce laws and downloadable free divorce papers for each state, and more divorce articles covering different aspects of divorce.
Toronto Disability Claim Lawyer (Popularity: ): Disability claims are available for many people, often through their employer's group benefits plan to help cover the loss of wages if the employee has to take time off due to illness or injury. Even though these disability benefits are an integral and valuable part of the employees’ remuneration, filing a disability claim is often denied or delayed, as a means to frustrate the employee to return back to work.