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Military Divorce: Military pension division, survivor benefit plan, and thrift savings plan

Mark E. Sullivan
Mark E. Sullivan | Law Officess of Mark E. Sullivan, P.A

Mark E. Sullivan is the principal of Law Offices of Mark E. Sullivan, P.A. in Raleigh, North Carolina. A retired Army Reserve JAG colonel and a Board-Certified Specialist in Family Law.

On-Demand: November 30, 2022
Military Divorce: Military pension division, survivor benefit plan, and thrift savings plan

$195.00 2 hour CLE

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Program Summary

Session I – Military Pension Division: The Ex-Mate and Route 1408 – Mark E. Sullivan

Dividing a military pension can be daunting task. What is divisible -- gross pension, or only “disposable retired pay”? How do you calculate disposable retired pay? When a Servicemember is sued for pension division in another state, how can that court acquire jurisdiction over him? Can or should the member request a stay under the Servicemembers Civil Relief Act? How does one get a garnishment for the pension? All these and more are covered in this presentation.

Key topics to be discussed:

  • How do you calculate disposable retired pay?
  • When a servicemember is sued for pension division in another state, how can that court acquire jurisdiction over him?
  • Can or should the member request a stay under the Servicemembers Civil Relief Act?
  • How does one get a garnishment for the pension?

Session II – SBP and TSP: The Survivor Benefit Plan and the Thrift Savings Plan – Mark E. Sullivan

What is the Survivor Benefit Plan? How much does it cost, how are premiums paid, and what are the benefits? Is there anything which would disqualify the spouse from coverage? Is it automatic, or do you have to request coverage? Can the servicemember effectively oppose the award of SBP and, if so, how is this done? How can the spouse ensure that the Survivor Benefit Plan (SBP) is not omitted? If it is lost, can Servicemembers Group Life Insurance replace it? If SBP is ordered, can the court require the spouse who receives it to pay for it?

The Thrift Savings Plan is the military equivalent of a 401(k) plan. How is it divided? What are the choices for the spouse or former spouse? What’s the order which accomplishes the division? Can you “freeze” the TSP while division is pending? Dealing with military divorce issues has just turned into “life in the fast lane.” Or - if you make a mistake - “life in the oncoming lane.” These two subjects can help clarify the choices for the client and the attorney in a military divorce matter.

Key topics to be discussed:

  • What is the Survivor Benefit Plan?
  • How much does it cost, how are premiums paid, and what are the benefits?
  • Is there anything which would disqualify the spouse from coverage?
  • Is it automatic, or do you have to request coverage?
  • Can the servicemember effectively oppose the award of SBP and, if so, how is this done?
  • How can the spouse ensure that the Survivor Benefit Plan (SBP) is not omitted?
  • Is the Thrift Savings Plan divided?
  • What are the choices for the spouse or former spouse?
  • What’s the order which accomplishes the division?
  • Can you “freeze” the TSP while division is pending?

Date: June 9, 2023

Closed-captioning available

Speakers

Mark E. Sullivan | Law Offices of Mark E. Sullivan, P.A

Mark E. Sullivan is the principal of Law Offices of Mark E. Sullivan, P.A. in Raleigh, North Carolina. A retired Army Reserve JAG colonel and a Board-Certified Specialist in Family Law, Mr. Sullivan is a fellow of the American Academy of Matrimonial Lawyers and author of The Military Divorce Handbook (Am. Bar Assn., 3rd Ed. 2019).

He was co-founder of the military committee of the North Carolina State Bar in 1981, and is past chair of the Military Committee of the ABA Family Law Section. He received the ABA’s Grassroots Advocacy Award in 2014 for his work on military custody statutes and the Uniform Deployed Parents Custody and Visitation Act. He assists attorneys nationwide in drafting military pension division orders and consulting on military divorce issues.

Agenda

Session I – Military Pension Division: The Ex-Mate and Route 1408 | 2:00pm – 3:00pm

  1. How do you calculate disposable retired pay? | 2:00pm – 2:15pm
  2. When a servicemember is sued for pension division in another state, how can that court acquire jurisdiction over him? | 2:15pm – 2:30pm
  3. Can or should the member request a stay under the Servicemembers Civil Relief Act? | 2:30pm – 2:45pm
  4. How does one get a garnishment for the pension? | 2:45pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – SBP and TSP: The Survivor Benefit Plan and the Thrift Savings Plan | 3:10pm – 4:10pm

  1. What is the Survivor Benefit Plan? | 3:10pm – 3:15pm
  2. How much does it cost, how are premiums paid, and what are the benefits? | 3:15pm – 3:20pm
  3. Is there anything which would disqualify the spouse from coverage? | 3:20pm – 3:25pm
  4. Is it automatic, or do you have to request coverage? | 3:25pm – 3:30pm
  5. Can the servicemember effectively oppose the award of SBP and, if so, how is this done? | 3:30pm – 3:35pm
  6. How can the spouse ensure that the Survivor Benefit Plan (SBP) is not omitted? | 3:35pm – 3:40pm
  7. Is the Thrift Savings Plan divided? | 3:40pm – 3:50pm
  8. What are the choices for the spouse or former spouse? | 3:50pm – 3:55pm
  9. What’s the order which accomplishes the division? | 3:55pm – 4:00pm
  10. Can you “freeze” the TSP while division is pending? | 4:00pm – 4:10pm

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