Divorcing the Military: How to attack, how to defend

Marshal S. Willick
Marshal S. Willick | Willick Law Group

Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law.

On-Demand: June 24, 2024

2 hour CLE

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Program Summary

Learn the current state of the law and major issues for every military-related divorce Discover the defined benefit and defined contribution components of the military retirement system, the various scenarios that can alter or lessen the value of those benefits, and what to do about it. This seminar is for lawyers who have military members or spouses as clients.

Key topics to be discussed:

  • Military retirement benefits: What it is and how to use it
  • The Frozen Benefit Rule of National Defense Authorization Act (NDAA) 2017
  • Military Disability
  • The Blended Retirement System Effective 2018

Closed-captioning available

Speakers

Marshal S. Willick_myLawCLEMarshal S. Willick | Willick Law Group

Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American Academy of Matrimonial Lawyers (AAML) and the International Academy of Family Lawyers (IAFL), former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML. He has authored many books and articles on Family Law and retirement benefits issues and was managing editor of the Nevada Family Law Practice Manual. He is a frequent teacher of continuing legal education classes and is often sought as a lecturer on family law issues.

In addition to litigating trial and appellate cases in Nevada, Mr. Willick has participated in hundreds of divorce and pension cases in the trial and appellate courts of other states, and in the drafting of various state and federal statutes in the areas of divorce and property division. He has chaired several Committees of the American Bar Association Family Law Section, AAML, and Nevada Bar, has served on many more committees, boards, and commissions of those organizations, and has been called on to sometimes represent the entire ABA in Congressional hearings on military pension matters. He has served as an alternate judge in various courts, and frequently testifies as an expert witness. He serves on the Board of Directors for the Legal Aid Center of Southern Nevada.

Mr. Willick received his B.A. from the University of Nevada at Las Vegas in 1979, with honors, and his J.D. from Georgetown University Law Center in Washington, D.C., in 1982. Before entering private practice, he served on the Central Legal Staff of the Nevada Supreme Court for two years.

Mr. Willick can be reached at 3591 East Bonanza Rd., Ste. 200, Las Vegas, NV 89110- 2101. His phone number is (702) 438-4100, extension 103. Fax is (702) 438-5311. Email can be directed to Marshal@willicklawgroup.com, and additional information can be obtained from the firm web sites, www.willicklawgroup.com and http://www.qdromasters.com.

Agenda

I. Military retirement benefits: What it is and how to use it | 1:00pm – 1:30pm

  • Property, alimony, and child support
  • “Federal Jurisdiction” necessity for division of military retirement benefits as property under 10 U.S.C. § 1408
  • Disposable Retired Pay: what it is, what it does not include, and why it is important
  • The “10/10” Rule relating to direct payment to a spouse from the Defense Finance and Accounting Service (DFAS) under 10 U.S.C. § 1072 and what to do in a less than-ten-year-overlap case
  • 20/20/20 Spouses
  • The Survivor’s Benefit Plan (SBP)
  • The Continuation of Health Care Benefits Plan (CHCBP)

II. The Frozen Benefit Rule of National Defense Authorization Act (NDAA) 2017 | 1:30pm – 2:00pm

  • Definitions
  • How it works
  • What to do about it

Break | 2:00pm – 2:10pm

III. Military Disability | 2:10pm – 2:40pm

  • Terminology: Veteran’s Affairs (VA), Concurrent Retirement and Disability Pay (CRDP), and Combat-Related Special Compensation (CRSC) Benefits
  • Howell v. Howell and the end of indemnification
  • Or was it? Contract Theory and res judicata

IV. The Blended Retirement System Effective 2018 | 2:40pm – 3:10pm

  • The four components to military retired pay: Defined Contribution Thrift Savings Plan (TSP); Defined Benefit Pension; Continuation Pay; and Elective Lump Sum options
  • What changed and why
  • Changes in strategy, tactics, and options, including what to put in orders, how to calculate spousal shares, and what to watch out for to protect clients

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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