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militaryfamilieslearningnetwork.org/event/20237
Family Finances Series:
Separation and Single Parenting
in the Military
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MFLN Intro
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Family Finances Series:
Separation and Single Parenting
in the Military
militaryfamilieslearningnetwork.org/event/20237
Today’s Presenters
4
Martie Gillen, Ph.D.
Project Director for the MFLN Personal Finance team,
Associate Professor and Extension Specialist for the
Department of Family, Youth, and Community
Sciences, in the Institute for Food and Agricultural at
the University of Florida.
Kacy Mixon, Ph.D.
Project Director for the MFLN Family Development team
and an Assistant Professor in the Psychology, Counseling
& Family Therapy Department at Valdosta State
University.
Types of Separation & Single
Parent Circumstances
Separation
•Deployments
•Relocations
•Dual-military couples
5
Single-Parenting
•Divorce
•Death of a spouse/Co-parent
•Spouse/Co-parent Missing In
Action
•Wounded Warrior
•Absent co-parent
https://commons.wikimedia.org/wiki/File:Me_we_co.jpg
What percent of DoD
military personnel
have children?
https://pixabay.com/en/question-mark-note-duplicate-2153533/
6
Source: 2016 Demographics Profile of the Military Community. Military OneSource. 7
8Source: 2016 Demographics Profile of the Military Community. Military OneSource.
Which branch has the largest
number of dual-military marriage
families with children?
https://pixabay.com/en/question-mark-note-duplicate-2153533/
9
10
Source: 2016 Demographics Profile of the Military Community. Military OneSource.
Which age group
has the largest
number of
children?
https://pixabay.com/en/question-mark-note-duplicate-2153533/
11
12
Source: 2016 Demographics Profile of the Military Community. Military OneSource.
13
Source: 2016 Demographics Profile of the Military Community. Military OneSource.
Family Care Plan
• What happens if I am already active duty and
become a single parent?
• Family Care Plan
• Failure to comply with having a plan can result in
immediate discharge.
• Minor administrative differences in each of the
services
Source:
https://www.militaryonesource.mil/-/preparing-your-family-care-plan?inheritRedirect=true
14
Family Care Plan
• Short-term care
providers
• Long-term care
providers
• Care provision
details
Source: https://www.militaryonesource.mil/-/preparing-your-family-care-plan?inheritRedirect=true
ImageviaPixabay.com/CC0
Family care
plans have
three basic
requirements:
Alternative Caregiving
Research Findings
• Financial hardships and a loss in leave time
• Pre- and post deployment, single mothers needed to transport their
children and the children's belongings to and from their caregivers
-frequently a relative, who was usually located several hundred miles
away from the mother's residence.
• To relocate the children, the mothers were required to use leave time
and incurred the costs of transportation.
• Additional costs were incurred if the children's personal belongings
needed to be shipped.
Petra Goodman, Annette Turner, Janice Agazio, Meryia Throop, Diane Padden, Shawna Greiner, Shannon L. Hillier; Deployment
of Military Mothers: Supportive and Nonsupportive Military Programs, Processes, and Policies, Military Medicine, Volume 178,
Issue 7, 1 July 2013, Pages 729–734, https://doi.org/10.7205/MILMED-D-12-00460 16
https://pixabay.com/en/divorce-word-letters-justice-right-2755736/
17
What questions
do clients ask
you about
divorce?
https://pixabay.com/en/question-mark-note-duplicate-2153533/
18
Divorce
2016
• 3.5% of enlisted personnel and 1.6% of officers
are estimated to have divorced
• 2.6% of Selected Reserve enlisted personnel
and 1.7% of Selected Reserve officers are
estimated to have divorced
19
20
Source: 2016 Demographics Profile of the Military Community. Military OneSource.
Overall Divorce Trends
• Divorce rates tend to be lower for enlisted men
and higher for enlisted women compared to
civilians
• Veterans across genders have higher divorce
rates than civilians
Source: Pollard, M., Karney, B., & Loughran, D. Comparing rates of marriage and divorce in civilian, military, and veteran
populations. http://paa2008.princeton.edu/papers/81696 21
Should the service
member and spouse share
a divorce attorney?https://pixabay.com/en/question-mark-note-duplicate-2153533/
22
Divorce – Know Your Rights
• While state law and local procedures largely
govern divorce, there are certain federal
statutes and military regulations that may be
applicable to your divorce.
• For instance, the Servicemembers Civil Relief
Act helps protect service members' legal rights
when called to active duty.
Source: Military OneSource
https://www.militaryonesource.mil/relationship-challenges-and-divorce
23
Servicemembers
Civil Relief Act
• Postponed civil court matters
• If you cannot participate in a civil court action or
administrative proceeding because of your military service,
you can request a 90-day delay, or stay, in the proceeding.
• You are automatically entitled to this delay if you follow all of
the requirements.
• The judge, magistrate or hearing officer can grant an
additional 90-day stay.
• Proceedings may include actions for divorce, child paternity
and support cases, and foreclosure proceedings. This
protection does not apply to any criminal court or criminal
administrative proceedings.
Source: Military OneSource https://www.militaryonesource.mil/-/servicemembers-civil-relief-act
24
Spousal and Child Support
• Each military service has policies requiring service
members to support family members upon
separation in the absence of an agreement or court
order.
• These policies are designed to be temporary.
• A commander's authority is limited without a court
order. You must send the court order to the Defense
Finance and Accounting Service directing the
government to pay monies for support or alimony.
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
25
Facts to Know
• There is no minimum number of years for divisibility of
the military pension.
• Disposable retired pay is often a lower amount than
gross retired pay; know the difference.
• While gross military retired pay means all entitlements for the
retiree, DRP (Disposable Retired Pay) is a technical term
which excludes medical retired pay, VA disability
compensation, the SBP premium and Combat-Related
Special Compensation.
• A set dollar amount order leaves all the Cost-Of-
Living-Adjustments (COLAs) to the retiree.
26
10/10 Rule
• The first “10” of the 10/10 Rule requires a couple to have been married
for at least ten years.
• The second “10” requires the military spouse to have served at least
10 years of service creditable towards retirement during the marriage.
• If both these conditions are met, then the Defense Finance and
Accounting Services (DFAS) may directly pay a former spouse his or
her share of military retired pay.
• If the 10-Year Rule is not met, then the military spouse must provide
the former spouse his or her share directly, which could be done by
mailing a check, setting up an allotment or automatic payment, or some
similar method.
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 27
Example: 10/10 Rule
28
20/20/15 Rule
• In the event a former spouse cannot qualify under the 20/20/20
Rule, he or she may still be eligible to retain a portion of their
military benefits as they transition from being a military spouse to
a former spouse.
• the servicemember performed at least 20 years of creditable service;
• the parties’ marriage lasted at least 20 years; and
• the period of the marriage overlapped the period of service by at
least 15 years.
• Can retain TRICARE medical coverage for a transition period of
1 year
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
29
20/20/20 Rule
• The Uniformed Services Former Spouse Protection Act is a federal law
that provides certain benefits to former spouses of military members.
• An un-remarried former spouse may receive medical, commissary,
exchange and theater privileges under the Morale, Welfare and
Recreation program and other benefits if he or she meets the requirements
of what is known as the 20/20/20 rule:
• The former spouse was married to the military member for at least 20 years at
the time of the divorce, dissolution or annulment.
• The military member has performed at least 20 years of service that is
creditable in determining eligibility for retired pay (the member does not have to
be retired from active duty).
• The former spouse was married to the member during at least 20 years of the
member's retirement-creditable service.
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 30
Half the military pension?
“It was not his fault,” Mrs. Green explained when she brought
her new husband, retired Army Master Sergeant Jake Green,
to see the divorce lawyer. “He was very upset when he went
through the divorce from his ex-wife, Jane. He was confused.
He didn't have a lawyer and he didn't pay attention to what he
was signing.”
Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/
“You're right about that, ma'am,” the new divorce attorney replied.
“I've reviewed these divorce papers and it appears that he signed away half of his military
pension to his ex-wife, even though he'd only been married to her for ten of the thirty years he
was in the Army. That's a huge problem, and he wasn't forced to do it – he did it willingly.
Jane got way more than she should have.”
The Green family…
31
Retirement Pay and Divorce
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
32
Retirement Pay and Divorce
• The maximum amount of pension income an ex-
spouse can receive is 50% of the military retirement
pay.
• If child support is being taken from the pension, the
maximum combined amount that can be deducted is
65% of the disposable retirement pay.
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
33
Example: Retirement Pay and Divorce
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
34
Calculating the Marital Share
• There are different methods of calculating what percentage of
the pension to which ex-spouses are entitled.
• The document filed with the court will need to clearly state the
formula used to derive the amount of payment.
• The length of the marriage will come into play.
• The marital share is that acquired during the marriage while in
military service.
• It begins with the wedding or the start of military service, whichever
comes later.
• It ends usually on the date of marital separation or divorce,
depending on state law.
35
Calculating the Marital Share
The three methods used to determine amount
of payment are:
1. Net Present Value
• This is more common if someone wants a buyout up front.
1. Deferred Distribution
• A share amount is calculated at divorce, but the receipt of the
funds is deferred until the service member retires.
1. Reserve Jurisdiction
1. This is the most common method.
2. The share the ex-spouse receives is calculated at retirement.
36
Back to the Green Family…
In Jake's case, he gave
away too much of the
pension – 50% to his ex –
rather than the correct
percentage, which probably
would have been closer to
16%.
Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/
Image via Pixabay.com/CC0
“It's all his lawyer's fault,” shouted the new Mrs. Green.
“He didn't know a thing about dividing military retirement pay!”
37
Thrift Savings Plan
A valid retirement benefits court order to divide your TSP
account may be issued at any stage of a divorce, annulment, or
legal separation proceeding and may have the following effects on
your account:
• It may award to your current or former spouse, or to your
dependents, a specified dollar amount - or a portion of your account -
as of a specific past or current date.
• It will require the TSP to freeze your account, preventing you from
taking any loans or withdrawals until the award is paid out or the
order is otherwise resolved.
• A freeze will not prevent you from making contributions or changing your
contribution allocation or investment choices.
• Required to make payments on existing loans.
Sources: https://www.tsp.gov/LifeEvents/personal/spouse/separation.html
https://www.tsp.gov/LifeEvents/personal/spouse/separation.html
https://www.tsp.gov/PDF/formspubs/tspbk11.pdf
38
Survivor Benefit Plan and
Divorce
• Without SBP, the spousal share stops when the military spouse dies.
• If you are divorced, your former spouse may receive benefits instead of
your current spouse based on the requirements a court-ordered divorce
decree has imposed, so it's important to ensure you make the appropriate
changes to your policy.
• In a divorce, there are very specific rules and deadlines associated with
what happens to this coverage.
• You must notify the Defense Finance and Accounting Services within
a year after the divorce.
• SBP is not good if the former spouse remarries before age 55.
• If elected initially, however, it can be reinstated if the second marriage
ends in death, divorce or annulment.
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 39
Back to the Green Family…
“That's for sure,” replied the new divorce lawyer.
“It's obvious he didn't know anything, because that lawyer also missed out on
the Survivor Benefit Plan. He should have written the agreement to award
the SBP to Jane, the former Mrs. Green, but he completely overlooked it. It's
left out. He probably wasn't even aware it was available.”
Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/
Jake's divorce settlement
should have specified
who got the SBP.
40
I’m stationed overseas
and want to file for divorce.
What should I do?
41
Divorce Overseas
• Complicated
• U.S. courts
may not
recognize a
foreign divorce
Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce
Image via Pixabay.com/CC0
42
Basic Financial
Do’s and Don’ts of
Divorce
43
Financial Do’s and Don’ts
of Divorce
• Do stay well-informed before the divorce. During the marriage, both
spouses need to know their complete financial picture -- how property
is titled, the passwords for accounts and the location of financial
documents.
• Don't fall into the silent partner syndrome. If you don't know these
financial details, you could be at a big disadvantage when trying to
determine a fair and equitable split of marital assets.
• Do get a clear picture of your finances.
• Do hire your own team. That includes a lawyer, financial planner and
perhaps a tax advisor.
Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html
44
• Do understand the real value of your retirement assets.
• Withdrawals from a military TSP will be subject to taxes.
• Don't believe all assets are created equal.
• Don't keep any joint accounts or cosigned loans.
• Do protect child support and alimony payments.
• Do update your budget.
• Take a close look at your spending habits now that you're single.
• You may have to make hard choices and restructure your spending patterns to
keep up with monthly bills.
Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html
Financial Do’s and Don’ts
of Divorce
45
• Do take care of estate-planning issues.
• Update beneficiary designations in your
retirement plan, any annuities you own
and life insurance policies.
• Plus, talk with your lawyer about changes
to your will, powers of attorney and other
legal documents now that your spouse is no
longer in the picture.
Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html
Image via Pixabay.com/CC0
Financial Do’s and Don’ts
of Divorce
46
What are local resources
in your area to assist
divorcing couples? https://pixabay.com/en/question-mark-note-duplicate-2153533/
47
Have you had a client say
“I don’t want financial
wellness/stability”?https://pixabay.com/en/question-mark-note-duplicate-2153533/
https://pixabay.com/en/question-mark-note-duplicate-2153533/
48
Have you had a client
not do things necessary
to achieve financial
wellness/stability?
https://pixabay.com/en/question-mark-note-duplicate-2153533/
49
50
http://www.noaanews.noaa.gov/stories2004/s2204.htm
Behavior Buoy
Behavior Makes Sense
in Context
51
Emotions/Struggle
Anchor
Behavior Makes Sense
in Context
52
http://www.noaanews.noaa.gov/stories2004/s2204.htm
Behavior Buoy
Barriers/Surface Behaviors
•Mental Fog
•Inattention to detail
•Lack of follow through
•Procrastination
•No shows/reschedules
•Difficulty prioritizing
•Inability to focus
•Not absorbing information
•Crying
•Indifference
Behavior Makes Sense
in Context
53
Emotions/Struggle Anchor
Emotions/Struggles
•Grief
•Ambiguous loss
•Loneliness
•Guilt
•Fear
•Shame
•Doubt
•Depression
•Anxiety
•Despair
•Frustration
•Anger
•Sadness
•Emotional Exhaustion
Behavior Makes Sense
in Context
54
https://pixabay.com/en/balloons-clouds-word-clouds-1852499/
“It must be hard to think about finances during this time.”
“You have my support to help you navigate the financial
piece.”
“Meeting with me is a step toward taking care of you and
your family financially.”
“What you’re going through must be difficult…and it takes
strength to address finances on top of it all.”
“What’s the hardest thing to overcome when thinking about
finances?”
“What worries you the most about finances/financial
planning during this time of transition?”
Setting the tone
when there are Anchor Struggles…
• Validate where clients are
• Normalize the struggle
• Show empathy
• Ask about barriers
• Have a posture of curiosity
Resources
• Financial Implications of Divorce. MFLN Webinar.
https://learn.extension.org/events/456
• Life Changing Events. Defense Finance and Accounting Service.
https://www.dfas.mil/civilianemployees/employeebenefits/lifechangin
• Live Events. Office of Personnel Management.
https://www.opm.gov/healthcare-insurance/life-events/memy-family/
55
Resources
• Relationship Challenges and Divorce. Military OneSource.
https://www.militaryonesource.mil/relationship-challenges-and-divorce
• Women and Money: Unique Issues – Finances in Divorce.
University of Florida IFAS Extension.
http://edis.ifas.ufl.edu/fy1349
• Anchored. Episode 14 Double Duties: Exploring Single
Parenthood in the
Military.https://militaryfamilieslearningnetwork.org/podcast/anchored-episode-14-
double-duties-exploring-single-parenthood-in-the-military/
• Family Finances Series: Separation and Single Parenting in
the Military Additional Resources:
https://militaryfamilieslearningnetwork.org/wp-content/uploads/2018/02/Additional-
Resources-FFS-July-10.pdf
56
Connect with us Online!
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MFLN Personal Finance
MFLN Family Development
MFLN Personal Finance @MFLNPF
MFLN Family Development @MFLNFD
57
iTunes: Anchored. Podcast Series
Personal Finance Evaluation
and Continuing Education Credits
MFLN Personal Finance is offering 1.5 credit hours for
today’s webinar for AFC and CPFC credentialed
participants.
Please complete the evaluation and post-test at:
https://vte.co1.qualtrics.com/jfe/form/SV_0ceHVb9Vt6UulEx
Must pass post-test with an 80% or higher to receive certificate.
58
Family Development Evaluation and
Continuing Education Credits/Certificate
MFLN Family Development is offering 1.5 CEUs for today’s
webinar for Licensed Social Workers, Family Therapists,
and Professional Counselors.
Please complete the evaluation and post-test at:
https://vte.co1.qualtrics.com/jfe/form/SV_0ceHVb9Vt6UulEx
Must pass post-test with an 80% or higher to receive certificate.
59
Upcoming Events
Military Consumer Protection Awareness
•Date and Time: Tuesday, July 17, 2018, 11am – 12:30 pm ET
•Location: militaryfamilieslearningnetwork.org/event/21098/
Opportunities & Possibilities: Posttraumatic Growth
in Research & Practice (Part 1)
•Date and Time: Wednesday, July 18, 11am -12:30 p.m. ET
•Location: militaryfamilieslearningnetwork.org/event/22082/
Family Finances Series:
Financial Planning for Life Events
•Date and Time: Tuesday, August 28, 11 a.m.-12:30 p.m. ET
•Location: militaryfamilieslearningnetwork.org/event/20234/
For more information on MFLN visit: https://militaryfamilieslearningnetwork.org
60
militaryfamilieslearningnetwork.org/2018virtualconference
61
Learn with us at https://militaryfamilieslearningnetwork.org
62

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Family Finances Series: Separation and Single Parenting in the Military

  • 1. PF SMS icons PF SMS icons militaryfamilieslearningnetwork.org/event/20237 Family Finances Series: Separation and Single Parenting in the Military Thanks for joining us! We will get started soon. While you’re waiting you can get handouts etc. by following the link below:
  • 2. Connecting military family service providers and Cooperative Extension professionals to research and to each other through engaging online learning opportunities militaryfamilieslearningnetwork.org MFLN Intro
  • 3. PF SMS icons PF SMS icons Family Finances Series: Separation and Single Parenting in the Military militaryfamilieslearningnetwork.org/event/20237
  • 4. Today’s Presenters 4 Martie Gillen, Ph.D. Project Director for the MFLN Personal Finance team, Associate Professor and Extension Specialist for the Department of Family, Youth, and Community Sciences, in the Institute for Food and Agricultural at the University of Florida. Kacy Mixon, Ph.D. Project Director for the MFLN Family Development team and an Assistant Professor in the Psychology, Counseling & Family Therapy Department at Valdosta State University.
  • 5. Types of Separation & Single Parent Circumstances Separation •Deployments •Relocations •Dual-military couples 5 Single-Parenting •Divorce •Death of a spouse/Co-parent •Spouse/Co-parent Missing In Action •Wounded Warrior •Absent co-parent https://commons.wikimedia.org/wiki/File:Me_we_co.jpg
  • 6. What percent of DoD military personnel have children? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 6
  • 7. Source: 2016 Demographics Profile of the Military Community. Military OneSource. 7
  • 8. 8Source: 2016 Demographics Profile of the Military Community. Military OneSource.
  • 9. Which branch has the largest number of dual-military marriage families with children? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 9
  • 10. 10 Source: 2016 Demographics Profile of the Military Community. Military OneSource.
  • 11. Which age group has the largest number of children? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 11
  • 12. 12 Source: 2016 Demographics Profile of the Military Community. Military OneSource.
  • 13. 13 Source: 2016 Demographics Profile of the Military Community. Military OneSource.
  • 14. Family Care Plan • What happens if I am already active duty and become a single parent? • Family Care Plan • Failure to comply with having a plan can result in immediate discharge. • Minor administrative differences in each of the services Source: https://www.militaryonesource.mil/-/preparing-your-family-care-plan?inheritRedirect=true 14
  • 15. Family Care Plan • Short-term care providers • Long-term care providers • Care provision details Source: https://www.militaryonesource.mil/-/preparing-your-family-care-plan?inheritRedirect=true ImageviaPixabay.com/CC0 Family care plans have three basic requirements:
  • 16. Alternative Caregiving Research Findings • Financial hardships and a loss in leave time • Pre- and post deployment, single mothers needed to transport their children and the children's belongings to and from their caregivers -frequently a relative, who was usually located several hundred miles away from the mother's residence. • To relocate the children, the mothers were required to use leave time and incurred the costs of transportation. • Additional costs were incurred if the children's personal belongings needed to be shipped. Petra Goodman, Annette Turner, Janice Agazio, Meryia Throop, Diane Padden, Shawna Greiner, Shannon L. Hillier; Deployment of Military Mothers: Supportive and Nonsupportive Military Programs, Processes, and Policies, Military Medicine, Volume 178, Issue 7, 1 July 2013, Pages 729–734, https://doi.org/10.7205/MILMED-D-12-00460 16
  • 18. What questions do clients ask you about divorce? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 18
  • 19. Divorce 2016 • 3.5% of enlisted personnel and 1.6% of officers are estimated to have divorced • 2.6% of Selected Reserve enlisted personnel and 1.7% of Selected Reserve officers are estimated to have divorced 19
  • 20. 20 Source: 2016 Demographics Profile of the Military Community. Military OneSource.
  • 21. Overall Divorce Trends • Divorce rates tend to be lower for enlisted men and higher for enlisted women compared to civilians • Veterans across genders have higher divorce rates than civilians Source: Pollard, M., Karney, B., & Loughran, D. Comparing rates of marriage and divorce in civilian, military, and veteran populations. http://paa2008.princeton.edu/papers/81696 21
  • 22. Should the service member and spouse share a divorce attorney?https://pixabay.com/en/question-mark-note-duplicate-2153533/ 22
  • 23. Divorce – Know Your Rights • While state law and local procedures largely govern divorce, there are certain federal statutes and military regulations that may be applicable to your divorce. • For instance, the Servicemembers Civil Relief Act helps protect service members' legal rights when called to active duty. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 23
  • 24. Servicemembers Civil Relief Act • Postponed civil court matters • If you cannot participate in a civil court action or administrative proceeding because of your military service, you can request a 90-day delay, or stay, in the proceeding. • You are automatically entitled to this delay if you follow all of the requirements. • The judge, magistrate or hearing officer can grant an additional 90-day stay. • Proceedings may include actions for divorce, child paternity and support cases, and foreclosure proceedings. This protection does not apply to any criminal court or criminal administrative proceedings. Source: Military OneSource https://www.militaryonesource.mil/-/servicemembers-civil-relief-act 24
  • 25. Spousal and Child Support • Each military service has policies requiring service members to support family members upon separation in the absence of an agreement or court order. • These policies are designed to be temporary. • A commander's authority is limited without a court order. You must send the court order to the Defense Finance and Accounting Service directing the government to pay monies for support or alimony. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 25
  • 26. Facts to Know • There is no minimum number of years for divisibility of the military pension. • Disposable retired pay is often a lower amount than gross retired pay; know the difference. • While gross military retired pay means all entitlements for the retiree, DRP (Disposable Retired Pay) is a technical term which excludes medical retired pay, VA disability compensation, the SBP premium and Combat-Related Special Compensation. • A set dollar amount order leaves all the Cost-Of- Living-Adjustments (COLAs) to the retiree. 26
  • 27. 10/10 Rule • The first “10” of the 10/10 Rule requires a couple to have been married for at least ten years. • The second “10” requires the military spouse to have served at least 10 years of service creditable towards retirement during the marriage. • If both these conditions are met, then the Defense Finance and Accounting Services (DFAS) may directly pay a former spouse his or her share of military retired pay. • If the 10-Year Rule is not met, then the military spouse must provide the former spouse his or her share directly, which could be done by mailing a check, setting up an allotment or automatic payment, or some similar method. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 27
  • 29. 20/20/15 Rule • In the event a former spouse cannot qualify under the 20/20/20 Rule, he or she may still be eligible to retain a portion of their military benefits as they transition from being a military spouse to a former spouse. • the servicemember performed at least 20 years of creditable service; • the parties’ marriage lasted at least 20 years; and • the period of the marriage overlapped the period of service by at least 15 years. • Can retain TRICARE medical coverage for a transition period of 1 year Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 29
  • 30. 20/20/20 Rule • The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. • An un-remarried former spouse may receive medical, commissary, exchange and theater privileges under the Morale, Welfare and Recreation program and other benefits if he or she meets the requirements of what is known as the 20/20/20 rule: • The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment. • The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty). • The former spouse was married to the member during at least 20 years of the member's retirement-creditable service. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 30
  • 31. Half the military pension? “It was not his fault,” Mrs. Green explained when she brought her new husband, retired Army Master Sergeant Jake Green, to see the divorce lawyer. “He was very upset when he went through the divorce from his ex-wife, Jane. He was confused. He didn't have a lawyer and he didn't pay attention to what he was signing.” Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/ “You're right about that, ma'am,” the new divorce attorney replied. “I've reviewed these divorce papers and it appears that he signed away half of his military pension to his ex-wife, even though he'd only been married to her for ten of the thirty years he was in the Army. That's a huge problem, and he wasn't forced to do it – he did it willingly. Jane got way more than she should have.” The Green family… 31
  • 32. Retirement Pay and Divorce Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 32
  • 33. Retirement Pay and Divorce • The maximum amount of pension income an ex- spouse can receive is 50% of the military retirement pay. • If child support is being taken from the pension, the maximum combined amount that can be deducted is 65% of the disposable retirement pay. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 33
  • 34. Example: Retirement Pay and Divorce Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 34
  • 35. Calculating the Marital Share • There are different methods of calculating what percentage of the pension to which ex-spouses are entitled. • The document filed with the court will need to clearly state the formula used to derive the amount of payment. • The length of the marriage will come into play. • The marital share is that acquired during the marriage while in military service. • It begins with the wedding or the start of military service, whichever comes later. • It ends usually on the date of marital separation or divorce, depending on state law. 35
  • 36. Calculating the Marital Share The three methods used to determine amount of payment are: 1. Net Present Value • This is more common if someone wants a buyout up front. 1. Deferred Distribution • A share amount is calculated at divorce, but the receipt of the funds is deferred until the service member retires. 1. Reserve Jurisdiction 1. This is the most common method. 2. The share the ex-spouse receives is calculated at retirement. 36
  • 37. Back to the Green Family… In Jake's case, he gave away too much of the pension – 50% to his ex – rather than the correct percentage, which probably would have been closer to 16%. Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/ Image via Pixabay.com/CC0 “It's all his lawyer's fault,” shouted the new Mrs. Green. “He didn't know a thing about dividing military retirement pay!” 37
  • 38. Thrift Savings Plan A valid retirement benefits court order to divide your TSP account may be issued at any stage of a divorce, annulment, or legal separation proceeding and may have the following effects on your account: • It may award to your current or former spouse, or to your dependents, a specified dollar amount - or a portion of your account - as of a specific past or current date. • It will require the TSP to freeze your account, preventing you from taking any loans or withdrawals until the award is paid out or the order is otherwise resolved. • A freeze will not prevent you from making contributions or changing your contribution allocation or investment choices. • Required to make payments on existing loans. Sources: https://www.tsp.gov/LifeEvents/personal/spouse/separation.html https://www.tsp.gov/LifeEvents/personal/spouse/separation.html https://www.tsp.gov/PDF/formspubs/tspbk11.pdf 38
  • 39. Survivor Benefit Plan and Divorce • Without SBP, the spousal share stops when the military spouse dies. • If you are divorced, your former spouse may receive benefits instead of your current spouse based on the requirements a court-ordered divorce decree has imposed, so it's important to ensure you make the appropriate changes to your policy. • In a divorce, there are very specific rules and deadlines associated with what happens to this coverage. • You must notify the Defense Finance and Accounting Services within a year after the divorce. • SBP is not good if the former spouse remarries before age 55. • If elected initially, however, it can be reinstated if the second marriage ends in death, divorce or annulment. Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce 39
  • 40. Back to the Green Family… “That's for sure,” replied the new divorce lawyer. “It's obvious he didn't know anything, because that lawyer also missed out on the Survivor Benefit Plan. He should have written the agreement to award the SBP to Jane, the former Mrs. Green, but he completely overlooked it. It's left out. He probably wasn't even aware it was available.” Source: http://www.nclamp.gov/publications/the-legal-eagle/fact-or-whacked-myths-and-mistakes-in-military-divorces/ Jake's divorce settlement should have specified who got the SBP. 40
  • 41. I’m stationed overseas and want to file for divorce. What should I do? 41
  • 42. Divorce Overseas • Complicated • U.S. courts may not recognize a foreign divorce Source: Military OneSource https://www.militaryonesource.mil/relationship-challenges-and-divorce Image via Pixabay.com/CC0 42
  • 43. Basic Financial Do’s and Don’ts of Divorce 43
  • 44. Financial Do’s and Don’ts of Divorce • Do stay well-informed before the divorce. During the marriage, both spouses need to know their complete financial picture -- how property is titled, the passwords for accounts and the location of financial documents. • Don't fall into the silent partner syndrome. If you don't know these financial details, you could be at a big disadvantage when trying to determine a fair and equitable split of marital assets. • Do get a clear picture of your finances. • Do hire your own team. That includes a lawyer, financial planner and perhaps a tax advisor. Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html 44
  • 45. • Do understand the real value of your retirement assets. • Withdrawals from a military TSP will be subject to taxes. • Don't believe all assets are created equal. • Don't keep any joint accounts or cosigned loans. • Do protect child support and alimony payments. • Do update your budget. • Take a close look at your spending habits now that you're single. • You may have to make hard choices and restructure your spending patterns to keep up with monthly bills. Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html Financial Do’s and Don’ts of Divorce 45
  • 46. • Do take care of estate-planning issues. • Update beneficiary designations in your retirement plan, any annuities you own and life insurance policies. • Plus, talk with your lawyer about changes to your will, powers of attorney and other legal documents now that your spouse is no longer in the picture. Source: https://www.military.com/money/personal-finance/credit-debt-management/dont-let-divorce-bust-your-finances.html Image via Pixabay.com/CC0 Financial Do’s and Don’ts of Divorce 46
  • 47. What are local resources in your area to assist divorcing couples? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 47
  • 48. Have you had a client say “I don’t want financial wellness/stability”?https://pixabay.com/en/question-mark-note-duplicate-2153533/ https://pixabay.com/en/question-mark-note-duplicate-2153533/ 48
  • 49. Have you had a client not do things necessary to achieve financial wellness/stability? https://pixabay.com/en/question-mark-note-duplicate-2153533/ 49
  • 52. 52 http://www.noaanews.noaa.gov/stories2004/s2204.htm Behavior Buoy Barriers/Surface Behaviors •Mental Fog •Inattention to detail •Lack of follow through •Procrastination •No shows/reschedules •Difficulty prioritizing •Inability to focus •Not absorbing information •Crying •Indifference Behavior Makes Sense in Context
  • 54. 54 https://pixabay.com/en/balloons-clouds-word-clouds-1852499/ “It must be hard to think about finances during this time.” “You have my support to help you navigate the financial piece.” “Meeting with me is a step toward taking care of you and your family financially.” “What you’re going through must be difficult…and it takes strength to address finances on top of it all.” “What’s the hardest thing to overcome when thinking about finances?” “What worries you the most about finances/financial planning during this time of transition?” Setting the tone when there are Anchor Struggles… • Validate where clients are • Normalize the struggle • Show empathy • Ask about barriers • Have a posture of curiosity
  • 55. Resources • Financial Implications of Divorce. MFLN Webinar. https://learn.extension.org/events/456 • Life Changing Events. Defense Finance and Accounting Service. https://www.dfas.mil/civilianemployees/employeebenefits/lifechangin • Live Events. Office of Personnel Management. https://www.opm.gov/healthcare-insurance/life-events/memy-family/ 55
  • 56. Resources • Relationship Challenges and Divorce. Military OneSource. https://www.militaryonesource.mil/relationship-challenges-and-divorce • Women and Money: Unique Issues – Finances in Divorce. University of Florida IFAS Extension. http://edis.ifas.ufl.edu/fy1349 • Anchored. Episode 14 Double Duties: Exploring Single Parenthood in the Military.https://militaryfamilieslearningnetwork.org/podcast/anchored-episode-14- double-duties-exploring-single-parenthood-in-the-military/ • Family Finances Series: Separation and Single Parenting in the Military Additional Resources: https://militaryfamilieslearningnetwork.org/wp-content/uploads/2018/02/Additional- Resources-FFS-July-10.pdf 56
  • 57. Connect with us Online! PF SMS icons PF SMS icons MFLN Personal Finance MFLN Family Development MFLN Personal Finance @MFLNPF MFLN Family Development @MFLNFD 57 iTunes: Anchored. Podcast Series
  • 58. Personal Finance Evaluation and Continuing Education Credits MFLN Personal Finance is offering 1.5 credit hours for today’s webinar for AFC and CPFC credentialed participants. Please complete the evaluation and post-test at: https://vte.co1.qualtrics.com/jfe/form/SV_0ceHVb9Vt6UulEx Must pass post-test with an 80% or higher to receive certificate. 58
  • 59. Family Development Evaluation and Continuing Education Credits/Certificate MFLN Family Development is offering 1.5 CEUs for today’s webinar for Licensed Social Workers, Family Therapists, and Professional Counselors. Please complete the evaluation and post-test at: https://vte.co1.qualtrics.com/jfe/form/SV_0ceHVb9Vt6UulEx Must pass post-test with an 80% or higher to receive certificate. 59
  • 60. Upcoming Events Military Consumer Protection Awareness •Date and Time: Tuesday, July 17, 2018, 11am – 12:30 pm ET •Location: militaryfamilieslearningnetwork.org/event/21098/ Opportunities & Possibilities: Posttraumatic Growth in Research & Practice (Part 1) •Date and Time: Wednesday, July 18, 11am -12:30 p.m. ET •Location: militaryfamilieslearningnetwork.org/event/22082/ Family Finances Series: Financial Planning for Life Events •Date and Time: Tuesday, August 28, 11 a.m.-12:30 p.m. ET •Location: militaryfamilieslearningnetwork.org/event/20234/ For more information on MFLN visit: https://militaryfamilieslearningnetwork.org 60
  • 62. Learn with us at https://militaryfamilieslearningnetwork.org 62

Editor's Notes

  1. Chat responses
  2. Coral www.extension.org/militaryfamilies Webinar notifications www.extension.org/62831
  3. Chat responses
  4. So, when we’re looking at separation and single parenting…what do we mean? Types of Separations (deployment, relocations, dual military couples) Types of single parenting (divorce, death of spouse/missing in action, becoming a caregiver of wounded spouse—or spouse in an in-patient facility, birth parent not involved in child’s life). In short, those life circumstances where you go from a WE to a ME.
  5. What percent of DoD military personnel have children? Have participants respond in the chat.
  6. Poll with options Army Navy Marine Corps Air Force
  7. Poll with options •0-5 years •6-11 years •12-18 years
  8. Answer in chat.
  9. Base privileges such as commissary, exchange, and theater privileges depend on what is known as the "20/20/20 rule": You were married to your former spouse for at least 20 years Your ex-spouse was in the military for at least 20 years, and Your marriage overlapped the time in service by at least 20 years If all three of these apply you are entitled to full base privileges as long as you don't remarry.
  10. Base privileges such as commissary, exchange, and theater privileges depend on what is known as the "20/20/20 rule": You were married to your former spouse for at least 20 years Your ex-spouse was in the military for at least 20 years, and Your marriage overlapped the time in service by at least 20 years If all three of these apply you are entitled to full base privileges as long as you don't remarry.
  11. In a divorce, a service member and dependent spouse will need separate attorneys to advise them to ensure both parties receive independent and confidential advice, and to avoid any conflicts of interest.
  12. A divorce filed overseas can be complicated, as U.S. courts may not recognize a foreign divorce. It’s usually best to file in the United States. Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state where the non-military spouse resides. Some things to consider when filing for divorce while living overseas include: Talk with a civilian attorney or the military legal assistance office if you own property overseas, such as a house. Family members and their property may be brought home at government expense before the service member's tour of duty ends.
  13. Poll with options 0-5 years 6-11 years 12-18 years
  14. Answer in chat
  15. Financial wellness is such an important component of individual and family functioning. However, its often an area that gets overlooked…its an area that sometimes falls through the cracks when difficult life transitions…or adverse life circumstances occur. Let me ask you…and if you wouldn’t mind answering me in the chat box. Have you ever had a client or someone you were working with say “I don’t want to feel financially stable? Or I don’t want financial wellness” I don’t want to achieve financial security…I don’t want to ease my financial troubles. [read chat box if applicable say] so we’re pretty unanimous in our experiences then…most people want to be financially stable.
  16. Have you ever had a client, someone you’re working with or even yourself…maybe a loved one not do the things necessary to achieve financial wellness? Or demonstrated behaviors that pretty much solidified financial un-wellness? Ok, so more of us than not notice or experience this occurring. Ok, so we can pretty much all agree that most people we know or come across… would choose financial wellness over financial un-wellness. So, why is it that we see or even are guilty of doing things counterproductive to that goal? Why are the behaviors not matching the intentions/wants/desires? We’re going to take a trip to metaphor land…to the ocean.
  17. let me introduce you to the notion that “behavior makes sense in context”. We’ll call it the notion of the ocean. And to better understand this notion…I’d like you imagine a buoy such as the one pictured here. We’re gonna call this the behavior buoy. These are the behaviors floating…what we see on the surface.
  18. Now I want you to imagine a rope or chain connected the buoy that goes deep beneath the surface [change slide] and is tied to an anchor laying on the ocean floor. Let’s for the purposes of today call this the emotions/struggle anchor. The anchor is where the feelings/emotions connected to the behavior buoy lies. The anchor gives context to the behaviors seen on the surface.
  19. let me introduce you to the notion that “behavior makes sense in context”. We’ll call it the notion of the ocean. And to better understand this notion…I’d like you imagine a buoy such as the one pictured here. We’re gonna call this the behavior buoy. These are the behaviors floating…what we see on the surface.
  20. Some separation or divorce related transitions lead to loss of income or significantly lessened income. It can also mean losing the person that was helping with financial management…your partner in crime when tackling the financial decisions. So, it makes sense that these types of losses may lead to someone experiencing anxiety, depression, other emotional tolling struggles. This can further perpetuate difficulties associated with navigating through life circumstances…and create a vicious cycle…not to mention that they can delay the grief associated with the transitioning process. So, with this anchor…weighing you down…its not wonder avoidance and all those other buoy behaviors that create barriers to financial wellness are happening. Discuss ambiguous loss…give examples. Discuss why its important to know about the emotional components that are anchored to the buoy behaviors that we’ve been discussing. diving into the ocean to explore and examine what’s below the surface is not necessarily your job. However, these anchor emotions/struggles create barriers to the services that you provide…they can prevent your services from being effective …if your role or even a component of your role is to help clients/families thrive by making good financial decisions, through having the knowledge skills and awareness to implement sound financial strategies…if you’re there to help them assess where they are at and where they need to head to be financial stable…then understanding what’s under the surface…what’s undergirding their decisions and behaviors that you’re seeing is key to helping them navigate toward financial wellness. Acknowledging and even normalizing these anchor barriers may be necessary in loosening the hold they have on a person whose really wanting financial stability but being stifled by their emotional reactions to difficult life circumstance. Clients may be numb to the “financial aspects” of their situation or overwhelmed/ignoring the financial planning due to dealing with the aftermath of their life situation  
  21. Engage chat box to create more options…What can those conversations look like? Just a bit of validation and “meeting clients where they are at” can go a long way in helping clients HEAR what needs to be heard in order to take financial steps in a positive direction…we’re not advocating for you to take on the role of a therapist, but you can set the tone in the conversation that can lead to therapeutic interactions. Being heard can be therapeutic for someone…being validated can be therapeutic. Showing empathy in conversation and validating where your client really can honor feelings of shame, guilt, ambiguous loss…essentially, the whirlwind of emotions that often are tied to life adversity such as becoming a new single parent whether that be because of divorce or death…whatever the circumstance may be. Now, this slide has a few examples…I like to always provide examples that people can see as a model and then tailor it to fit their style or professional role. I’d love it if you all share even more examples of either what you have or would say. Or you can share what’s on your mind. I’m going to look at some of the chat discussion and hopefully we’ll have time at the end to tend to anything that I didn’t get a chance to a address regarding questions or comments. Now I’m going to turn it over to Marti who will be sharing the financial aspects and information connected to divorce and separation.