If you’re divorcing a member of the military or you’re a servicemember yourself, there are a number of complexities around the process that make it different from a civilian divorce. So, what are the special considerations associated with military divorce?

John P. Cannon is the founder of Cannon & Associates, an Oklahoma City firm with expertise in military divorce and criminal defense. He is also a Judge Advocate in the Oklahoma National Guard, advising and representing Soldiers in matters of adoption, divorce and child custody. A former assistant district attorney, public defender and assistant attorney general, John serves as a fierce advocate for families and freedom.

On this episode, John joins Katherine to discuss how military divorce differs from non-military divorce and why servicemembers with substantial combat experience are more likely to divorce. He explains how to assess the income potential of a servicemember for spousal support and what the Frozen Benefit Rule means for former military spouses. Listen in for insight on calculating pension benefits, maintaining rights to the Survivor Benefit Plan, and understanding who’s eligible for military health insurance.

Topics Covered

How military divorce differs from non-military divorce

Determining income potential for spousal support

The special rules re: jurisdiction in a military divorce

How military divorce rates compare to the general population

What the Frozen Benefit Rule means for former spouses

Why it’s crucial to follow the rules in The NDAA of 2017

Maintaining your rights to the Survivor Benefit Plan

When you allowed make changes to a spousal agreement

The formula for determining pension benefits

How long former/surviving spouses are entitled to TRICARE

Connect with John P. Cannon

Cannon & Associates: https://jpcannonlawfirm.com/

Connect with Katherine Miller

The Center for Understanding Conflict: http://understandinginconflict.org/

Miller Law Group: https://westchesterfamilylaw.com/

Katherine on LinkedIn: linkedin.com/in/kemiller1

The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246

Email: [email protected]

Call (914) 738-7765

Resources

Pennoyer v. Neff: https://jpcannonlawfirm.com/

Frozen Benefit Rule: https://jpcannonlawfirm.com/2019/11/frozen-benefit/

National Defense Authorization Act of 2017: https://www.congress.gov/bill/114th-congress/senate-bill/2943/text

DFAS: https://www.usa.gov/federal-agencies/defense-finance-and-accounting-service