The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first […]
“Frozen Benefit Rule” in Wisconsin military divorce
All states permit the division of a servicemember’s military retired pay in divorce. Not all states handled the division the same way, however. Some states assume that the entire benefit is divided between the former spouses, some separate out the portion earned by the servicemember prior to marriage (often through a calculation known as a […]
Thrift Savings Plan (TSP) retirement benefits for military members in Wisconsin divorce.
Servicemembers have two retirement assets available: military retired pay (a pension) and the Thrift Savings Plan (TSP), the equivalent of a 401k. Divorcing servicemembers and their spouses must be aware of both plans to ensure a fair division. This article will address only the TSP. Unlike many private 401k plans, TSP does not limit the […]
Effects of Domestic Violence on Children
In the United States, more than 15 million children live in a home in which domestic violence has occurred.* If you are a parent and a domestic violence survivor who is considering a divorce, legal separation or paternity action, protecting a child from the effects of domestic violence in the home can be a significant […]
Reviewing an LES in a Wisconsin military divorce
A spouse divorcing a servicemember in Wisconsin can learn quite a bit from the member’s Leave and Earnings Statement (LES). The LES is the military equivalent of a civilian paystub, though it includes much more useful information. The LES shows the total pay, entitlements, deductions, allotments, and other information relating to the servicemember. They are […]
Wisconsin Military Divorce-survivor benefit deadlines
When a Wisconsin military couple divorces, the civilian spouse may receive a survivor benefit from the servicemember’s military retired pay. The SBP is not automatically established however. Certain deadlines must be met or the benefit could be lost. If the servicemember is cooperate, or the court order so states, the servicemember should elect former spouse coverage by […]
Health insurance in a Wisconsin military divorce, part 3
In previous blogs, I discussed limited post-divorce Tricare coverage available to ex-spouses after a military divorce. Two somewhat “informal” means of continuing coverage may require the servicemembers’ cooperation, but can make great sense in the right case. Legal separation: There are few differences between divorce and legal separation in Wisconsin. One important difference is that […]
Health insurance in a Wisconsin military divorce, part 2
Continuing a discussion of military Tricare benefits after divorce, today I address a method of continuing Tricare after active service, known as TAMP. TAMP stands for Transitional Assistance Management Program. Members separating honorably from active duty, and their family members, can continue Tricare for up to 180 days after separation. In limited circumstances, reservists can […]
Health insurance in a Wisconsin military divorce
A spouse divorcing a servicemember in Wisconsin must be aware of the health insurance benefits available to him/her and the children after divorce. This blog provides some basic information on military health insurance, to be followed by a series of blogs addressing continued coverage for ex-spouses and children. The military health/dental insurance program is known […]
Addressing “accrued leave” in a Wisconsin military divorce.
The spouse of a servicemember should be aware of accrued leave as a potential asset at the time of divorce. Servicemembers accrue 30 days of paid leave each year. Upon honorable separation from the military, servicemembers can choose how to apply unused leave. Of course, the member can simply take the leave. However, the member […]