Why A Former Military JAG Attorney Is Critical For Your Military Divorce

Why a Former Military JAG Attorney is Critical for Your Military Divorce

Divorce is always a challenging process, but military divorces are even more complex, involving specialized rules and regulations governed by both federal and state laws. A former Judge Advocate General (JAG) attorney is uniquely positioned to handle these challenges, bringing invaluable expertise and firsthand experience to the table. At Patriots Law Group, every military-connected client has a former JAG attorney on their trial team, ensuring that no military-specific issue is overlooked.

Specialized Knowledge of Military-Specific Issues

Military divorce involves not only traditional divorce concerns like property division and child custody but also the added complexity of military pensions, healthcare benefits like TRICARE, and the Survivor Benefit Plan (SBP). Navigating the federal regulations that govern these benefits—like the Uniformed Services Former Spouses’ Protection Act (USFSPA)—requires in-depth knowledge that most civilian attorneys simply don't have.

A former JAG attorney has years of experience advising military service members on their rights and responsibilities. This deep understanding of military law ensures that key benefits like military retirement pay, TRICARE coverage, and SBP are properly handled during the divorce. For example, a former JAG attorney knows how to apply the 10/10 rule, which governs when former spouses can receive direct payments from the Defense Finance and Accounting Service (DFAS).

Firsthand Experience with Military Protocols

Former JAG attorneys understand military life and its demands, from deployments to frequent relocations. They have firsthand experience navigating the Servicemembers Civil Relief Act (SCRA), which protects service members from civil proceedings during active duty. This understanding helps ensure that your divorce proceedings are sensitive to the unique aspects of military service, such as temporary stays on proceedings or accommodations during deployment.

Their experience advising military commanders on family support obligations means they can expedite financial support for military spouses much faster than civilian attorneys unfamiliar with military processes. For example, a former JAG can work directly with military command to ensure that interim family support is provided while the divorce is pending, often within days rather than the months it may take in civilian courts​.

Expert Handling of Military Benefits and Pensions

Military pensions and benefits like TRICARE and SBP are governed by complex federal regulations that can be easily mishandled without expert legal guidance. A former JAG attorney knows how to secure these benefits in your divorce agreement. For example, ensuring proper SBP elections are made during divorce proceedings is essential to ensuring long-term financial security, and failing to address this in the settlement can leave a former spouse without crucial income should the service member pass away​.

Moreover, former JAG attorneys understand the intricacies of dividing military pensions, including how to avoid pitfalls like the improper handling of Cost of Living Adjustments (COLAs) and disability pay, which can reduce a former spouse's share of retirement benefits​.

Critical Insight into State and Federal Laws

Military divorces involve a combination of state and federal laws. Each state—whether Maryland, Virginia, or Texas—has its own approach to dividing property and determining support, and these state laws interact with federal military regulations in complicated ways. For instance, equitable distribution states like Maryland and Virginia divide marital property fairly, but not necessarily equally, while community property states like Texas divide assets 50/50​.

A former JAG attorney brings the necessary expertise to navigate these overlapping legal frameworks, ensuring that your military benefits are fully protected and that your divorce settlement reflects both federal and state regulations.

Conclusion

When it comes to military divorce, having a former military JAG attorney on your team is critical. Their specialized knowledge, firsthand experience, and understanding of both military and civilian legal systems give you a distinct advantage in protecting your rights and securing your financial future. At Patriots Law Group, every military-connected client has a former JAG attorney either leading or consulting on their case, ensuring no detail is missed.

Contact us today to schedule a consultation and ensure you’re fully prepared to navigate the complexities of military divorce. We can be reached at 301-952-9000 or through our online scheduling link (CLICK HERE).