Military Member, Family and Veterans Benefits

I recently attended a Continuing Education Seminar with regard to Veterans Benefits.

We covered benefits available to the military member, their spouse and/or children if they die while enlisted, disabled military members, and other benefits for retired Veterans.

It continues to amaze me that there are benefits available that the military members and their families may or may not be aware of.

Top Five Things I Took Away From the Program

1. A military member must complete a DD Form 93, together with their estate planning documents, in order to determine who will get the $100,000 death benefit if the member is killed on duty; who will get their remains, who will get the flag at the funeral, and even letting the military know who should be told first in the event you are killed. The military will follow the Form, regardless of the terms of the Member's Will.

2. Disabled Veterans claims can take several months, or even years to complete. If appealed with the help of an attorney or Veterans' Group, there is a high success rate to overturn the original decisions.

3. The Veteran can get disability benefits for drug and/or alcohol abuse of they can prove that such abuse is directly caused from another diagnosis as a result of a service connected disability.

4. There are new diagnoses added to the list that a Veteran can collect for, where payments can be made retroactively from the original claim.

5. If you know Veteran or a Military Member (or their family) that have questions, please do not hesitate to contact our office or direct them to their nearest Veteran Administration Office.

Providing Advice to other Attorneys in Family Law

I have signed up for the Rhode Island Bar Association’s Online Attorney Resources (OAR) as a Volunteer in the area of Domestic/Family Law. I expect to be most helpful for military family law questions, and division of retirement plans.

This service is exclusively for Bar members and available through the Members Only section of the Bar's web site at www.ribar.com, to help Bar members provide and receive timely and direct assistance with practice-related questions.

OAR provides Bar members with the names, contact information and Bar admission date of volunteer attorneys willing to answer questions concerning particular practice areas based on the volunteer's professional knowledge and experience. As the Rhode Island Bar Association does not and cannot certify attorney expertise in a given practice area, the Bar does not verify any information or advice provided by OAR volunteers. Questions channeled through OAR volunteers may range from inquiries concerning specific court procedures and expectations to current and future opportunities within practice areas. However, OAR is NOT a forum for Bar members to engage other Bar members as unofficial co-counsel in an on-going case.

As everyone's time is a limited and precious commodity, all Bar members who contact volunteers must formulate their questions concisely prior to contact and ensure the initial contact takes no longer than 3 to 5 minutes unless mutually-agreed upon by both parties.

OAR offers two options:

1) Bar members willing to volunteer as information resources.

2) Bar members with questions about a particular area of the law.

OAR practice areas include: Domestic/Family Law Practice; Civil Practice in Rhode Island District Court - Collections Law & Evictions; Civil Practice in Rhode Island Superior Court - Plaintiff's Personal Injury Practice; Criminal Law Practice; Commercial Real Estate Transactions; Organizing a Rhode Island Business; Probate and Estate Planning; Residential Real Estate Closings; Workers' Compensation Practice; Creditors' and Debtors' Rights: Federal Court Practice; and Administrative Law.

Barrington RI Real Estate Closing by Divorce Agreement

In a recent Barrington RI divorce and real estate matter, we represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf. We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those. This resulted in a savings of more than $800.00 to our client.

Kristy J. Garside, Esq.
Associate Attorney


If you are filing for divorce in Rhode Island, or need help with a real estate closing or transaction, contact The Law Offices of Jeremy W. Howe at (401) 841-5700.

Spouses of Military Members Need to be Proactive - We Can Help!

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.

The Statement of Assets and Liabilities Needs to be Accurate From The Start.

As a family court practitioner, the statement of assets and liabilities has become an integral part of my intake meetings with clients. This statement is required to be filed with the family court for any matter. My clients are asked to complete a first draft with their "homework" and I use that draft for several things.

First, and most practically, I review the document for accuracy with relation to the family dynamics, the parties' employment status, the parties' occupations, and the number of dependents. I can tell relatively quickly whether a family is living beyond their means, and in what ways will things need to change in order to support two households.

When I receive the Statement from the opposing party, I use the document to determine what assets my client may not be aware of in the other party's control, and also what assets that party may not have listed at all or listed differently than my client.

In my opinion, it happens all too often that attorneys let clients complete the document, the attorney do not thoroughly review the document but files as completed by the client, and it later becomes an integral part of my cross examination later when issues become contested.

The document is signed by a party under oath, and it can used by the court as evidence. If a person over values or undervalues their assets, those incorrect numbers can be used against them later. These documents can be amended throughout the process, but an attorney should be very careful to make sure this document is done correctly the first time! As soon as something is filed, it is considered "fair game" when the battle begins.

Let us answer any questions you may have about marital assets and how those might be divided if you are considering divorce.