The Thrift Savings Plan (TSP) is a retirement plan for Federal employees and uniformed service members similar to a civilian “401(k)” plan. Why does it matter if I have a TSP account? During your divorce, your TSP matters because the Court may divide it during an equitable distribution hearing. An equitable distribution hearing is when the Court determines how the …
The Survivor Benefit Plan (SBP) is an annuity plan to provide an income source to a surviving spouse upon the death of a service member. The SBP is not a free program, in fact, you must pay a monthly premium based on the “base amount” or benefit level elected. When can I get the Survivor Benefit Plan? SBP is a …
Spousal support, often known more commonly as alimony, is used not to punish one spouse, but to support a financially dependent spouse in the event of a pending divorce and/or after a divorce. Spousal support can be established either by an agreement between the divorcing parties or upon award by the Court. In Virginia, there is no “right” to spousal …
Child support is the monetary obligation that a noncustodial parent/responsible party (parent who does not have physical custody of their child) pays to the parent who does (custodial parent). In Virginia, both parents are financially responsible for the child, but the law presumes that the parent with whom the child is living provides for many of the child’s financial needs, …
While it is possible to pursue a divorce without an attorney to represent you, legal issues involving family and children can often get heated, and complex, even out of control, very quickly. An experienced family law attorney can typically foresee and warn you about potential complications that often occur to better prepare you to avoid problems or to respond positively to those …
Getting a divorce involves a radical re-framing of life for most people. For years perhaps, you have been planning a future with your spouse — and a divorce changes ALL of those plans in one single day. It is normal to have feelings of loss, or to be bombarded by new and unfamiliar emotions during a divorce. Yep, even for …
When you’re getting a divorce, you may wonder if your spouse has a claim on any of your retirement benefits. Or you may hope that you can claim a share of the family’s retirement benefits because you did not factor a divorce into your life plan until recently, and you have been counting on those benefits for your retirement. For …
No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. The Uniformed Services Former Spouses’ Protection Act (USFSPA), Title 10, United States Code, Section 1408, passed in 1981, accomplishes two …
EVERYBODY hates lawyers . . . BUT everybody loves THEIR lawyer! Let’s face it; unless you are adopting a child, no one wants to need a family lawyer. Usually unfortunate and unwanted circumstances in the family drive you to your lawyer. From Prenuptial to Probate, trouble can arise, and often without warning and without easy answers. Much like a dentist, you might not mind visiting a …
This issue is either overlooked by the separated or recently divorced parties, or it is hotly disputed; in either case, it is almost always misunderstood. One parent typically believes that since he or she is spending more time physically caring for the children, he or she should have the privilege of claiming the children as dependents each year at tax …