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Omaha Military Divorce

Military Divorce

Military personnel and their spouses provide a unique opportunity for our Firm, which is to do what we love (provide high level divorce representation) for people who serve our country (and their spouses) and whom we highly respect. For us, our military clients and their spouses provide us with the best of both worlds.

HOW WE HANDLE MILITARY DIVORCES

Military divorces involve unique legal issues in most cases. There are often issues about jurisdiction, custody, how to divide military retirement, whether payments can be made directly from DFAS and a host of other issues that can seem daunting at first. Many of our attorneys have extensive experience handling military divorces from the perspective of the person serving as well as that person’s spouse. We bring a client focused approach to military cases that will allow you to work through your issues in the most efficient, time saving, cost saving, and healthy way possible.

MILITARY RETIREMENT PAY / PENSION

There are various methods for calculating the portion of military pension to which an ex-spouse is entitled. These can include net present value and reserve jurisdiction. While the most common is reserve jurisdiction, meaning the share the ex-spouse receives is calculated at retirement, divorcing parties should discuss these various options before making a decision. If, for instance, there is the possibility of a buyout up front, then the parties may choose to explore a net present value calculation. Whatever you decide, however, those terms must be stated explicitly in your divorce decree and a subsequent court order dividing the military pension.

SURVIVOR BENEFITS

This is one area of military divorce that causes enormous problems. Spouses often believe that if they were the survivor beneficiary of the survivor benefit plan while married, they will remain so upon divorce. This is NOT correct. The survivor benefit plan is a mutually exclusive benefit that MUST be addressed in the divorce settlement, and with other documentation following the divorce within a year of the divorce.

BASE PRIVILEGES

Even after divorce, an ex-spouse of a military member may still be eligible for base privileges such as commissary and exchange. In order for that to happen, the former spouse must qualify under the 20/20/20 rule. Here are the requirements:

– Married to your former spouse for at least twenty years;
– The military member was in the military for at least twenty years; and
– The marriage overlapped the time in service by at least twenty years.

If these criteria are met, the ex-spouse of the military member is entitled to full base privileges as long as he or she does not remarry.

TRICARE

Just as in qualifying for continuing base privileges, the ex-spouse of a military member can also qualify for TRICARE as long as the 20/20/20 rule is met, and as long as the ex-spouse does not remarry.

HOW TO GET STARTED

When you are ready to proceed with your divorce, contact our office and inform our staff that you have a military divorce. We will then match you with one of our attorneys who has extensive experience in this area. Remember that you still have all the divorce options available to people who are not in the military, like mediated divorce, but everything is done with military benefits in mind. You can schedule a consultation by calling 402-509-7033.

We look forward to meeting you!

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Breanne Biehl

Todd is an incredible attorney. I’m not sure I will ever be able to thank him enough for what he has done for my daughter and I through and even after my divorce. He explains everything throughout the process and is a truly genuine person. I have already recommend him to friends and family and continue to recommend him to anyone that needs a great family attorney.

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Ryan McCoy

I have known of Dave and his success in family law for many years. No doubt that he has assembled the best team to bring top notch legal help to the metro. Decades of successful experience is what you need when trying to navigate such a tumultuous time in life. Nobody wants to go through a divorce, but it pays to have someone you can trust looking out for you and your interests.

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Chels Popanda

I would highly recommend Chris Pomerleau for a family lawyer. He was very detailed on explaining every step of the way. He always kept me informed. There are no words that can describe what it was like to find a lawyer that took my best interest in all he did. Chris is not my first lawyer and I would use him again if needed. The best family lawyer out there.

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Alee Guthrie

Greg Lake is an attorney I would recommend without hesitation to anyone facing a divorce case. He really listens to his clients, which I think is one of the most important things in a lawyer, and he stays focused on what is really important in your case. Highly recommended!

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Dan Workman

I was fortunate enough to have Megan Spomer take my case in the pursuit of the custody of my daughter. I was lost, confused, and didn’t know where to start. I thought all was lost… till I meet with Megan. She picked me up, gave me support, and confidence. Within months I had full custody of my daughter and without Megan it would have never been possible I thank you I praise you Megan Spomer. If your a man who does right by his children Megan is the attorney for you!!!