When a servicemember is found to be unfit for service, he or she is “mustered out” with an involuntary discharge and, in some cases, retired pay from the service. Is this retired pay divisible? What are the ways that can be used to calculate disability retired pay? Can it be garnished for family support? If so, what are the procedures to obtain a withholding order? Can a former spouse obtain survivor benefits even if the disability retired pay cannot be divided?
- The uniformed services and military disability retirement process
- What is military disability retired pay (MDRP)?
- How is MDRP calculated?
- How MDRP impacts family law
- Case examples (e.g., Lesh v. Lesh)
- Is it divisible during divorce and property division?
- Equitable Distribution and MDRP; Strategies for former spouse
- Res judicata
- The Survivor Benefit Plan (SBP)
- What is it?
- Potential issues
- Language to use in court orders
- Garnishment for Family Support