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 […]
Domestic Abuse and Child Placement in Wisconsin
Domestic violence in a relationship can impact whether and to what extent a child spends time with the abusive parent, as part of a Wisconsin divorce, legal separation or paternity action. In Wisconsin, there are two main components of any divorce, separation or paternity order, regarding children. One of these is legal custody, which relates […]
Legal Custody and Religion
Wisconsin family law attorneys frequently have to make the distinction between legal custody and physical placement, as the two tend to be used interchangeably by the public. Legal custody refers to a parent’s legal ability to make decisions for his/her child regarding such important topics as religion, schooling, and medical care, among other things. Physical […]
Military Retired Pay: Reserve vs. Active Duty
In order to properly calculate a servicemember’s military retired pay in a Wisconsin divorce, you must be aware of the difference in reserve vs. active duty retirement. Military regulations require that retired pay for servicemembers retired from active duty is calculated based on months of service. Members who retire from the reserve calculate retired pay […]
Military disability pay in Wisconsin divorce
Receipt of disability benefits by a military servicemember can have a significant effect on the ex-spouse in a Wisconsin divorce. When a servicemember retires with a disability rating, his/her military retired pay may be affected. If the disability rating is greater than 50%, the member receives both the full disability pay and full military retired […]
Military income available for child support
Military servicemembers receive various forms of pay. A parent working with his/her divorce or child custody lawyer must be aware of the meaning and availability of those forms of pay. Basic pay: this is the servicemember’s pay, equivalent to a salary for civilian employees. Basic allowance for housing (BAH): military housing allowance based on […]