Client Testimonial

"Jill,

I want to thank you and your team for all of the hard work that you did in such a short amount of time, the gift of my daughter to be coming home to me. If it wouldn't have been for you all, I don't know where I would be in this mess. Thank you so much."

- Christmas card from client, December 17, 2015

Client Testimonial

"Jon,

Thanks again for your dedication to this matter. Also, thanks for being approachable and understanding. You really cared. Maybe lawyers do get a bad wrap. 

I look forward to your reply, and hope you would consider representing me again...... if the need may ever arise."

- Email from client, October 21, 2015

Kids Say the Darndest Things

When kids are asked to answer some of life's simplest questions...

AUGUST IS CHILD SUPPORT AWARENESS MONTH!

On behalf of Askvig & Johnson, PLLP 

Minnesota and several other states commemorated August as a national "child support awareness month" in order to draw attention to the ongoing problem of unpaid child support in their states.

While Minnesota may do better than average in collecting delinquent child support, missed payments of court-ordered support continue to be a growing national problem. Although some of this might be attributable to the economic collapse, statistics show that in 2009, less than half of all parents received child support on time and as ordered. This marked a sharp decrease even from two years prior, in 2007. More recent statistics are not yet available.

The awareness campaign is meant to highlight the need for ongoing child support enforcement efforts. In Minnesota, child support is designed to compensate for the fact that a family is being raised by a single parent. When a non-custodial parent does not pay as ordered, it means that his or her children are likely missing out on income that they count on and will have to sacrifice accordingly.

This is not to say that there are not many different sanctions to impose against those who do not pay their child support. In addition to the possibility of jail time or an involuntary wage garnishment, people may lose all or part of their state and federal tax refunds or any lottery jackpot that they win. Especially for those who must travel overseas, another painful consequence can be the loss of one's passport. This has, according to some reports, left some parents stranded in a foreign country until they could pay up.

Nevertheless, despite the variety of consequences, custodial parents who count on child support still need someone who can consistently hold the person who is supposed to be paying accountable for their actions. While the state's child support collection agencies can be helpful in this respect, there may be other legal support enforcement options that can be exercised, as well.

Source: GMA News, "August: National child support awareness months in US," Aug. 23, 2013

Super Lawyers!

Check out the recently released Super Lawyers for the Annual List of Top Attorneys in Minnesota for 2015. Our very own Jill Johnson was included for the second year in a row (highlight on page 60)!! Way to go, Jill! 

EXPERTS DESCRIBE FINDINGS ABOUT DIVORCE IN AMERICA

On behalf of Askvig & Johnson, PLLP 

In 2012, experts described a number of interesting findings about the state of divorce in America, and we felt that our Minnesota readers might be interested in some of them:

What might come as no surprise to many Minnesotans is that the number one indicator that a couple will not last is whether they fight about money early in the marital relationship. 

Across the socio-economic spectrum, couples that fought about financial issues early did not wind up feeling satisfied in their marriages. Interestingly, another study found divorce more common among couples that received government aid.

On the other hand, another recent study came to a surprise conclusion. Apparently, households in which the wife maintains the traditional role of doing most all of the housework are less prone to a dissolution of marriage than homes in which the husband and wife divide the housework. This may be because couples with more modern values may believe that marriage need not be considered sacred and permanent.

Another interesting report showed that when a man has a healthy relationship with his wife's family, his marriage has a better chance of enduring the test of time. However, the same is not true with respect to the wife's relationship with her husband's parents. In fact, women who reported a close relationship with their husband's families are more likely to get divorced.

Other interesting research about divorce includes reports on the significance of a woman's pre-wedding jitters, a man's tendency to turn to drinking after a divorce as well other topics. Perhaps the one common thread in all of these reports is that while no one really contemplates a divorce when he or she walks down the aisle, sometimes life circumstances occur take a couple in a different direction. In these cases, a knowledgeable family law attorney can be a huge help. A family law attorney can advise couples on how to best divide their property and assets, as well as advise them on issues pertaining to child custody, child support and spousal support.

Source: Huffington Post, "Divorce study:financial arguments early in relationship may predict divorce," July 12, 2013

HOW TO DIVIDE COMPLICATED AND SENTIMENTAL ASSETS DURING DIVORCE

On behalf of Askvig & Johnson, PLLP 

When we think about high-asset divorce here in St. Paul, the division of complicated savings accounts, stock portfolios and real estate often come to mind. These are in fact major issues when some couples divorce, and they necessitate the attention of someone who is adept in these matters. However, the real trouble is often in dividing assets that have intangible value.

For example, a retired Microsoft executive recently divorced, and it wasn't the couple's large car collection, hundreds of millions of dollars in stocks, multiple homes or their impressive Victorian antiques that held up the division of assets--it was their art collection.

The two owned an art collection of almost 50 pieces, most of them 19^th century American paintings, although they also had works by Pierre-Auguste Renoir and Claude Monet. While appraisers put the collection at $102 million, it was not exactly simple to just split the collection in half. And because both parties were attached to the art, neither wanted to sell the collection and split the proceeds. They tried at length to divvy up the paintings themselves, each ending up with about $51 million worth, but were unsuccessful.

Ultimately, a judge worked with the couple and presumably their attorneys to arrive at a satisfactory division. In the end, the woman received a majority of the pieces that she wanted most for sentimental and aesthetic reasons, ending up with 19 pieces. Her ex-husband satisfied his wishes with 24 paintings, which would cover the wall space he needed as well as count as collateral to secure a line of credit.

The division of one art collection into two is an illustration of just how much can be at stake in the division of a high-asset marriage. Art is personal and valuable, and its worth may sometimes depend on the scale and breadth of the collection it is in. Splitting something like an art collection straight down the middle, 50/50, is not typically fair or equitable.

It is important that high-net worth Minnesotans work with divorce attorneys who have experience in the intricacies of complicated property division. Such lawyers can call in specialists in order to ensure that a person's interests are protected throughout the proceedings.

Source: The Seattle Times, "The art of divorce: She gets the Monet, he gets the Renoir," Ken Armstrong, July 28, 2012

2015 Top Women Attorneys in Minnesota

Check out April's issue of Mpls St. Paul Magazine to see our very own Jill Johnson featured in the 2015 Top Women Attorneys in Minnesota list by Super Lawyers!!

MN LEGALIZED SAME-SEX MARRIAGE, WHICH ALSO LEGALIZED SAME-SEX DIVORCES

On behalf of Askvig & Johnson, PLLP

Before gay marriage became legal in Minnesota on August 1, 2013, same-sex couples who were recognized as legally married in supportive states or Canada could not receive a divorce through the Minnesota court system. As the legal director for a leading gay-advocacy group noted, "There's no ability for us to even recognize the marriage, let alone to dissolve it."

According to the 2010 U.S. Census, there are roughly 10,200 same-sex couples in Minnesota. It has been predicted that approximately 5,000 gay couples will marry within the first three years of legalizing same-sex marriages. The Williams Institute predicts that 1% of gay couples divorce in any given year.

Before same-sex marriages were legalized, gay couples in Minnesota had very few options when it came to obtaining a divorce. For example, most states have a residency requirement for divorces, meaning that at least one person from the couple must live in the state or jurisdiction for a certain amount of time before a dissolution may be initiated. In other words, at least one person from the couple would be required to physically move to a state that recognized same-sex marriages for a specific period of time. Many U.S. states have a residency requirement of a few months to a year, while Canada's residency requirement is three years. In Minnesota, the residency requirement is 180 days.

Fortunately, this is no longer an issue for same-sex couples seeking a divorce in Minnesota. Drafters of the new law note that there is no distinction between straight and gay divorces in the Minnesota statute, which allows courts to review all cases under the same terms.

Source: MinnPost, "Minnesota's new marriage law also resolves gay-divorce 'limbo'," James Nord, August 8, 2013

WILL THE CENSUS BUREAU STOP COLLECTING MARRIAGE AND DIVORCE DATA?

On behalf of Askvig & Johnson, PLLP

The U.S. Census Bureau recently decided to stop asking a series of questions about marital history through its ongoing American Community Survey. A few questions that will be removed include:

·         In the past 12 months, have you been married?

·         In the past 12 months, have you been divorced?

·         In the past 12 months, have you been widowed?

·         How many times have you been married?

·         What year were you last married?

Demographers and sociologists who fought to keep these questions on the survey have argued the U.S. Census Bureau is the only reliable source of divorce rates in the United States. Upon removal, the United States will become the only country in the developed world that does not generate annual age-specific rates of marriage and divorce.

Critics have also argued that marital history questions also allow demographers to analysis divorce and marriage rates in connection with a series of economic and cultural factors, as the answers to these questions are made in conjunction with questions regarding a person's age, race, education level and income level.

Those who opposed dropping these questions from the annual survey have blamed conservative lawmakers for their removal. These politicians have argued the marital history questions are an unconstitutional breach of privacy. However as one critic has noted, "The Census Bureau targeted the questions about marriage and divorce not because people object to answering the questions posed (it turns out that they don’t), but instead because they judged the resulting data to be of little benefit, since no legislative formulas are linked directly to them." Others have argued that the Bureau wants to drop these questions because they are not used specifically for county-level, tract-level or metropolitan area analysis, but rather apply to the country as a whole.

According to a writer from the New York Times, "A briefer questionnaire may yield less political opposition."

Source: Star Tribune, "CensusBureau wants to stop collecting marriage, divorce data," Adam Belz, November 18, 2014 and AllGov, " Census Bureau Plans to Drop Marriage and Divorce Questions," Noel Brinkerhoff, January 3, 2015.

DELINQUENT CHILD SUPPORT DRAINS MINNESOTA PUBLIC ASSISTANCE

On behalf of Askvig & Johnson, PLLP

While Minnesota ranks fourth in the United States in getting non-custodial parents to pay something toward child support, these parents still owe a combined $1.5 billion in delinquent payments.

Only 20 percent of non-custodial parents in Minnesota are current on their child support obligation, with 60 percent of these parents reportedly paying less than 75 percent of what they owe.

Delinquent child support payments not only hurt the child and the custodial parent, who presumably needs the payments to provide for the child's care, but also may burden the state's social welfare system. In some cases, when a parent does not receive child support, that parent must turn to government aid in order to keep the family afloat.

In order to remind parents of their legal obligation to financially support their children and in order to promote child support enforcement efforts, Minnesota named August Child Support Awareness Month. Ideally, statewide efforts such as Child Support Awareness Month will help custodial parents to collect outstanding payments.

A Minnesota resident does have some options to pursue child support enforcement. A parent who fails to pay child support timely may forfeit his or her tax refund check, for example. They may also face penalties, including a driver's license suspension, fines, a lien on their home, suspension on a hunting license or a professional license and, in some cases, jail time.

Getting the right information is essential in pursuing all efforts to collect delinquent child support. Additionally, if the paying parent feels that a child support order is out of line, it is important that he or she seeks to modify the order legally rather than put him- or herself in contempt of court by refusing to pay the ordered amount.

Source: Public News Service, "Unpaid child support puts pressure on state programs, taxpayers," Aug. 13, 2012

COULD YOU END UP IN JAIL FOR NOT PAYING CHILD SUPPORT?

On behalf of Askvig & Johnson, PLLP

Authorities recently arrested a 50-year-old man in Ohio who owes hundreds of thousands of dollars in unpaid child support payments. After ignoring court cases and evading warrants for four years, police finally tracked the man down after a stake out at his friend’s home.

The man has been accused of owing approximately $368,000 in back child support to the mothers of his various children. While it is unclear just how many children he has, authorities admit the man has 24 support cases pending just in the state of Ohio. He is currently being held in jail for 390 days: 30 days for each of the 13 contempt of court warrants issued against him. According to Chief Deputy Ted Patrick, “As far as child support cases go, he was public enemy number one.”

What does this mean for residents in Minnesota? Just like in Ohio, a Minnesota resident in contempt of child support payments could risk going to jail if he or she does not pay a support obligation.

The Minnesota Department of Human Services is the state agency that regulates child support. Each county has a support and enforcement office. The child support agency can ask the court to find a parent in contempt of court if he or she was ordered to pay support, knew about the order, and has refused to pay without good reason. The child support agency can pursue a contempt action if:

• The non-custodial parent owes support according to an order or decree for support;
• The non-custodial parent owes court-ordered child support or maintenance arrears in an amount at least three times their total monthly support and maintenance obligation; and
• The non-custodial parent is not complying with a written payment plan approved by the court or the child support agency.

If found in contempt, the court can then order the parent to serve a jail sentence.

Source: CNN, “Fugitive arrested for owing $300K in child support,” Lorrie Taylor, February 4, 2015. 

CAUSE OF DECLINING DIVORCE RATE UP FOR DEBATE

On behalf of Askvig & Johnson, PLLP

It seems generally accepted that the rate of marital dissolutions in Minnesota and around the country is declining. Every state that measures its divorce rates has reported a decrease in the actual number of divorces. Moreover, the annual divorce rate has dropped about 30 percent over the years.

A writer for one prominent blog cited experts who attributed this decline to a number of factors. He argued that the recent poor economy contributed to the trend, perhaps because unhappy couples cannot afford to get a divorce. Some also have suggested that women having more opportunities at work have played a role; others have suggested that society's greater openness to couples living together before marriage has contributed to the decline.

However, another noted writer disagreed, saying that in reality, the percentage of marriages that end in divorce has consistently remained at about 50 percent. He argues that the divorce rate has dropped in direct portion with the country's marriage rate, which has also been on a steady decline. Only half of Americans are married now, down from 75 percent in earlier years, and the vast majority of people are now getting married after they turn 30.

With more people viewing marriage as an afterthought, the face of family law may also have to change fundamentally. Divorce lawyers will more and more be dealing with people who have never been married at all. Yet these same people will require a division of property and custody and support orders just the same as a divorcing couple would.

For now, as we have written in other posts, the best thing that an unmarried couple in Minnesota can do is sign a cohabitation agreement that at least sets out how property will be divided if something goes wrong in the couple's relationship. In the future, however, new laws may begin to recognize that the country's view of marriage has changed profoundly.

Source: World, "Divorce/marriage stays the same," Marvin Olasky, April 18, 2013

Divorce Rates Around the World

Check out how divorce rates in the Unites States compare to other areas of the world.

Business Insiders. MAP: Divorce Rates Around the World. Pamela Engel. May 25, 2014.

VALENTINE'S DAY SIGNALS START OF DIVORCE SEASON

On behalf of Askvig & Johnson, PLLP 

Most Minnesotans may think of Valentine's Day as a day for marriage proposals and romantic dates and not as a day that would mark the end of a relationship. However, those who study family law trends recently reported that, in fact, a spouse is much more likely to file a divorce proceeding just after the annual celebration of love.

One study concluded that the number of marital dissolutions filed in February runs 18 percent higher than in an average month. The number of those seeking a divorce attorney is also significantly higher. The number of inquiries to online referral websites increases between 38 percent and 40 percent in the latter half of February, depending upon which statistics one considers.

Some attribute the February surge to other factors unrelated to Valentine's Day. For example, January is the busiest month for bankruptcy filings, and financial problems can often lead to dissolution of marriage. Furthermore, the winter weather, especially in northern states like Minnesota, can force quarreling couples to spend additional time together indoors, thereby increasing marital friction.

Others, however, believe that the holiday itself contributes to the increase in dissolution filings. Disappointed expectations for the holiday may for some married people be the "last straw" that leads them to seek a divorce. Also, a person who has not been faithful to his or her spouse will often have to juggle the holiday between his or her affair partner and a husband or wife. A spouse is more likely to uncover his or her partner's affair in the midst of this juggling act.

The Valentine's Day season can be a great time to start or renew a relationship. Unfortunately, it can also put a fatal strain on a troubled one.

Source: KFSM 5 News, "Day after Valentine's kicks off divorce season," Feb. 15, 2013

DELINQUENT CHILD SUPPORT DRAINS MINNESOTA PUBLIC ASSISTANCE

On behalf of Askvig & Johnson, PLLP 

While Minnesota ranks fourth in the United States in getting non-custodial parents to pay something toward child support, these parents still owe a combined $1.5 billion in delinquent payments.

Only 20 percent of non-custodial parents in Minnesota are current on their child support obligation, with 60 percent of these parents reportedly paying less than 75 percent of what they owe.

Delinquent child support payments not only hurt the child and the custodial parent, who presumably needs the payments to provide for the child's care, but also may burden the state's social welfare system. In some cases, when a parent does not receive child support, that parent must turn to government aid in order to keep the family afloat.

In order to remind parents of their legal obligation to financially support their children and in order to promote child support enforcement efforts, Minnesota named August Child Support Awareness Month. Ideally, statewide efforts such as Child Support Awareness Month will help custodial parents to collect outstanding payments.

A Minnesota resident does have some options to pursue child support enforcement. A parent who fails to pay child support timely may forfeit his or her tax refund check, for example. They may also face penalties, including a driver's license suspension, fines, a lien on their home, suspension on a hunting license or a professional license and, in some cases, jail time.

Getting the right information is essential in pursuing all efforts to collect delinquent child support. Additionally, if the paying parent feels that a child support order is out of line, it is important that he or she seeks to modify the order legally rather than put him- or herself in contempt of court by refusing to pay the ordered amount.

Source: Public News Service, "Unpaid child support puts pressure on state programs, taxpayers," Aug. 13, 2012

MINNESOTA'S CHILD SUPPORT ENFORCEMENT EFFORTS YIELD RESULTS

On behalf of Askvig & Johnson, PLLP 

According to a recent report, the Child Support Enforcement Division of Minnesota's Department of Human Services collected $582.9 million in child support payments in 2011. For the same period, Minnesota ranked 16th among all states with respect to child support collection.

Minnesota performs particularly well with respect to collecting child support on its open and active cases. By collecting an average of $2,397 in child support on each open case, Minnesota ranked fourth among all the states in the country. Although payments came from a variety of sources, the vast majority of the funds collected came via an income withholding order against a noncustodial parent's paycheck.

Many custodial parents rely on the services of Minnesota's Child Support Enforcement Division for their child support enforcement needs, and it seems that based on the recent statistics, that reliance may be justified, at least to an extent. However, parents are not obligated to use the Child Support Enforcement Division in order to enforce a child support order, and there may be some reasons for not doing so.

For example, even though as a whole Minnesota's Child Support Enforcement Division does a good job collecting support on behalf of the state's parents, the quality of a child support office can vary from county to county, and, in the case of larger counties, can even vary widely from one office to another. More importantly, people must remember that the Child Support Enforcement Division ordinarily cannot act as an attorney for the custodial parent and can only represent the interests of the support division.

In most cases, going through the state's child support enforcement agency is voluntary, and sometimes it may be best for a parent to take collection efforts into his or her own hands. A skilled family law attorney can help a noncustodial parent take the appropriate legal steps to collect child support without the state's assistance.

Source: Wahpeton Daily News, "Wilkin No. 2 in child support collections," Carrie McDermott, June 24, 2013

DIVORCE RATE MAY NOT BE DECLINING AS MUCH AS EXPECTED

On behalf of Askvig & Johnson, PLLP

It has been the consensus among population experts that the divorce rate has been decreasing or stagnant in recent years. New research findings show that this may not actually be the case.

The past reports used US Census data and some other federal sources of information to conclude that, after a peak in the 1970s, the divorce rate has been on a steady decline. However, two demographers from the University of Minnesota are questioning this finding. Their report concludes that the rate of divorce in the United States has actually been on a steady increase over the past 30 years.

There have always been known problems in the data used to calculate divorce rates. The main problem is a flaw in the way that data has been collected which has led to a distorted divorce rate calculation.

In 2008, the US Census Bureau added questions about divorce to the American Community Survey. Along with this information, the demographers have used data that considers divorce patterns among different age groups. They determined that, although divorce rates are on the decline for young couples up to the age of 25, the rate of divorce has not been declining as rapidly for those couples over 35. This means that even couples that are well into their 60s are divorcing at a much higher rate than they have in the past.

After looking at this data from an age perspective, the demographers concluded that the rapidly increasing rate of divorce in older couples has actually caused the overall divorce rate among Americans to increase significantly since 1990; it is now at an all-time high.

If a couple was married a long time a divorce can become much more complicated. These couples often have more shared assets and there is a higher likelihood that children will be involved. This does not mean that a couple should not get divorced if their marriage isn't working. It does mean that they would likely benefit from the help of an experienced family law attorney who can help them work through this emotional time as quickly and efficiently as possible.

Source: Huffington Post, "Is the US Divorce Rate Going Up Rather Than Going Down?," Robert Hughes, Jr., Mar. 6, 2014

HOW CHILD SUPPORT AND ALIMONY IMPACT FEDERAL AND MN TAX RETURNS

On behalf of Askvig & Johnson, PLLP 

Many St. Paul residents who have undergone a significant change in 2011--such as a divorce--are likely beginning to find out some of the resulting tax implications.

A change in your legal relationship status can have several effects on your federal and state tax returns. Two of the major issues are whether you should file separately or with your ex-spouse, and how child support or alimony should be reported as income and deductions.

The first item is highly personal. Whether you should file jointly, as a single or as a married couple filing separately depends on where you are in your divorce proceedings and your own financial portfolio. This is a matter best decided with your personal finances in mind, and the guidance of your family law counsel and/or accountant.

The latter is simpler. Alimony is reported on the federal 1040 form as income for the recipient and as a deduction for the payer. However, there are many qualifications that spousal support must meet in order to be considered as alimony by the IRS. To include alimony on your tax return: you must be divorced or under a separation order; you must not be living with your ex while payments are being made, unless a court order says otherwise; you cannot claim alimony if you are filing a joint tax return with your ex; and you must have a legal agreement requiring the payment of spousal support, among other things. And, payments that could be considered as child support will not qualify as alimony to the IRS.

Child support is neutral for tax purposes. This means that it is neither to be claimed as income for the recipient nor as a deduction for the payer. It is also important to note that if any child support is past due, the IRS will then count alimony payments as child support for tax purposes. This means that the payer may lose the deduction.

Many Minnesota laws as well as federal Tax Code complexities can, of course, affect one's federal and state tax status. It is thus important to seek personal counsel about your unique tax issues.

Source: Forbes, "Taxes From A to Z: A Is For Alimony," Kelly Phillips Erb, March 3, 2012

ARE CHILD SUPPORT PAYMENTS FORCED FATHERHOOD?

On behalf of Askvig & Johnson, PLLP 

Many of the previous postings in this blog have discussed the issues that come up between married couples that decide they no longer wish to be married to each other. One of the issues that can become very emotionally charged and heated when children are involved is child support. However, child support is not only an issue for divorcing couples. Child support payments may become an issue for a couple with children, married or not.

Some have argued that making the father of a child make monthly payments for child support, even when they don't want to be actively involved in the child's life, is like forcing them into fatherhood. Those same individuals that make these arguments also often argue that men who accidentally get a woman pregnant have fewer rights than the mother-to-be. But is it fair to do away with mandatory child support payments therefore making child support optional?

On the other side of the argument, those in disagreement would state that making child support optional assumes that adoption and abortion are readily available and affordable for every individual that finds themselves dealing with an unwanted pregnancy. In reality, this is not the case. This side of the argument also states that it is false to equate child support payments with fatherhood. A man can opt out of fatherhood but still owes it to his child to make support payments to support the child's well being.

This issue is constantly up for debate, but in Minnesota parents are currently able to seek child support payments from the other parent of their child. The amount of these payments is determined by the child support formula. However, if couples are experiencing disagreements regarding child support payments it is always helpful to seek the assistance and guidance of an experienced family law attorney. An attorney will be well-versed in the laws regarding child support and help the parents resolve the issue as quickly as possible so that the child receives the support that they deserve.

Source: Salon, "No, child support can't be a choice," Carolyn Edgar, Nov. 7, 2013

HOW MINNESOTA DIVORCE PROCEEDINGS AFFECT MILITARY BENEFITS

On behalf of Askvig & Johnson, PLLP 

Divorce rates are consistently higher for military couples than for civilian couples, for one reason or another. Currently, the military divorce rate is about 3.7 percent, up from 2.6 percent 10 years ago. When we speak of military couples, we mean that either the husband or the wife is in the military, not necessarily both.

Military divorces involve a variety of difficult details that civilian divorces do not include. For this reason, it is important to work with Minnesota family law professionals who are experienced in military divorce. Complicated state and federal laws intersect in military divorces, making the process very difficult to navigate alone.

One issue that is unique to military divorces is that of the division of a military pension. Military pensions frequently value at more than $1 million, although they are not paid in lump sums. What else makes military pensions valuable is that there is no minimum wage for retirement.

The division of the military pension is guided by the Uniformed Services Former Spouses Protection Act, which gives the state courts jurisdiction to divide the pension as marital property for settlement purposes. In some states, this may entitle the former spouse to half, but in others this is not so. 

If the marriage lasted 10 years or more during the time of military service, the government may forward the awarded pension benefit to the ex-spouse. But, if the marriage did not coincide with the military service for at least 10 years, it is up to the former spouse to secure any benefits on his or her own. The military ex-spouse may voluntarily send the pension benefit, but if not the ex-spouse may need to go to court--in the state in which the military spouse resides.

Very simple mistakes can cause military benefits to be delayed or even denied after a divorce. For example, if one certain form is not filed within one year of divorce, the former spouse will not have access to the benefits after the military spouse dies. This can be remedied, but missed payments cannot be recouped.

Because of these and other risks, it is important for military couples to seek professional and experienced legal counsel for their divorce case.

Source: The Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen Schultz, March 9, 2012