I have attached a recent section of a newsletter we receive from EX-POSE, "Ex-Partners of Servicemembers for Equality." They can be contacted at www.ex-pose.org or by phone at (703)212-6951.
The article suggests things that the spouse of a military member can do to be proactive in their situation. ALl of the suggestions may not be perfect in all situations, but it is important to take an active role in your case. Taking these steps can be crucial to getting a good result, quickly and efficiently.
Our office has more than thirty years of military experience, and can assist by answering questions, handling your case, and helping you to come out on the other side knowing you had all the information you needed to make informed decisions throughout the process.
We will also consult with you if you already have an attorney that you are comfortable with, but you and your attorney feel you are not as familiar with military benefits as you should be in order to make educated decisions.
***THE MILITARY PENSION IS TYPICALLY THE LARGEST MARITAL ASSET TO BE DIVIDED AND MOST ATTORNEYS ARE NOT FAMILIAR WITH THE PENSION OR ITS VARIOUS DIMENSIONS.***
STARTING THE JOURNEY OF DIVORCE
Once you are aware that your marriage is not going to continue, the questions will start. It is not unusual to be burdened with concerns for your future. First and foremost, DO NOT sign your name on anything that you have not read, understand fully, consulted with your lawyer, and read again. This includes, but is not limited to, tax returns, titles or deeds, investments, life insurance forms, bank accounts, and survivor benefit plans.
It is in your best interest to interview at least three lawyers and find the one that best fits your needs. Be sure that he/she understands military divorce and what that involves. This means that you should have some knowledge of what your benefits and interests are concerning health care, child support, SBP, and property. Don't move out of your home before consulting with your attorney. This could be construed as abandonment. If you are in an abusive marriage, your attorney will be able to advise you.
Use your time to compile monthly bank statements and make copies for your attorney. Locate all tax returns filed jointly or separately and make copies. Be sure that all of the taxes have been paid up to date. Go to your bank and be sure that all of your accounts are intact, check on your safe deposit box (if this applies), be sure that documents have not been removed and make copies of anything you think is relevant. If you have joint accounts, ask the bank manager if you can have the accounts "flagged". This would make the provision that no large amounts are taken out or transferred without you knowing.
Tell your insurance agencies and be sure that the Beneficiary on all accounts has not been changed. Also, tell them to mark the accounts so that the beneficiary cannot be changed without your knowledge. Do the same for any investments and properties you may own.
I would also recommend making a list of all assets, income, and expenses. Ask your lawyer what documentation they need to prepare your case. The more you have, the better they can assist you.
Now, take a deep breath! The journey is not going to be an easy one but you are not alone.
EX-POSE, P.O. Box 11191, Alexandria, VA 22312-0191
Call us to schedule an appointment today, 401-841-5700 or email me at kgarside@counselfirst.com.
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