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Ref Divorce. Is division of 50 per cent retired pay to ex-spouse tax deductible for the retired military member on their tax return?
When the retirement benefits are paid out, the member and the former spouse will each receive a 1099-R for their share. That is the amount on which each will pay income tax. The member will not receive a 1099-R for 100% of the benefits paid, only for the 50% actually received. So, no, the assignment of the retirement benefits does not generate a deduction on the military member's tax return. The assigned benefits simply never appear there in the first place. More information: http://www.washingtonpost.com/wp-dyn/content/article/2008/02/16/AR2008021602030.html
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What can you do if divorce judgment indemnifies you from mortgage and credit card debt but companies refuse to recognize Superior court order?
A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.
how long does ur exspouse have to get ther stuff out of the house when they left and ther the one that wants a divorse?
The judge in your divorce case would make the determination on when you spouse needs to remove their things from the home.
Can military retirement be garnished?
Divorce can do it.
When Can military retirement be garnished?
Divorce can do it.
Can a spouse keep military health insurance after divorce?
In the U.S. and Canada, a divorce normally disqualifies the spouse from military medical benefits.
What is the process one should use when selecting a military divorce lawyer?
The process one should use when selecting a military divorce lawyer is contacting any popular lawyer firm and asking them to refer you to a military divorce lawyer.
The legal meaning of uncontested marriage?
Do you mean uncontested divorce? Uncontested divorce is when the parties have resolved all issues of the divorce (property division, custody, child/spousal support, etc) before filing for divorce.
If You Get Divorced, How is Your Military Retirement Pension Divided?
U.S. military members are entitled to a pension when they retire. If a military member gets divorced long before he reaches retirement age, the divorce court must consider the pension he is likely to get years later and how to divide it. Most states consider military pensions to be assets subject to division just like other marital property.Uniformed Services Former Spouses Protection ActThe Uniformed Services Former Spouses Protection Act, or USFSPA, is the law governing the division of military pensions following a divorce. This law gives states the power to divide military pensions between spouses in the event of divorce. Only a divorce court in the state the spouses reside in may have the power to make this type of decision, unless the spouses consent to the division. For example, if a service member lives in New York but is stationed in Colorado, he has to give consent for a Colorado divorce court to divide his military pension. Otherwise, this part of the divorce would have to be handled through a New York court. However, consent doesn't have to be explicit or in writing. If the service member participates in divorce proceedings in Colorado, the court will often presume consent to handling the division of pension in that state.10-year RuleThe USFSPA covers all military spouses, regardless of the length of the marriage. The marriage doesn't have to last for 10 years for divorce courts to divide the pension plan. However, if the marriage lasted 10 years or more, and one or both spouses served in the military for at least 10 years of the marriage, the U.S. Defense Financing and Accounting Service pays the ex-spouse her portion of the pension. Otherwise, the spouse who receives the pension must pay his former spouse her share when ordered to do so by the court.Timetable of PaymentsThe divorce court can determine when a former spouse is entitled to pension payments. In some cases, the court may order that the ex-spouse receive her expected payment immediately in one lump sum. In other cases, the court may require that the ex-spouse begin receiving payments upon her former spouse's retirement.
If you are in the military can you remarry before the required waiting period has ended in the state in which the divorce was granted?
No, the waiting period would apply to a person in the military and/or living out of the state where the divorce decree was granted.
Is a trust considered a marital asset in a divorce action?
If the trust is revocable and one party is the trustee it is not a marital asset for division in a divorce proceeding
You are in the military how do you file for divorce?
If both of you are serving in the army, you may have to file the divorce papers, first in the army office and then in court.
If a husband is retired military and his wife is from another country originally but is now a US citizen and he files for a divorce is she entitled to half of his military pension?
I hope not. Depending on what state he files for divorce through.
