Military Pension Division Orders

Military Pension Division Orders

In this video, Steve and Patty Shewmaker from Shewmaker and Lewis discuss the intricacies of dividing military pensions in divorce cases. They regularly handle cases related to military pension division, a very specialized area of the law.

Transcript Highlights: The Shewmakers delve into a specific case from Wyoming, highlighting the challenges when a service member transitions from active duty to reserves during divorce proceedings. The court’s refusal to clarify a pension division order based on a change in status is explored, leaving the former spouse with potential complications.

Key Takeaways:

• Learn about the nuances of military pension division during divorce.

• Understand the impact of a service member’s switch from active duty to reserves on pension division orders.

• Discover the importance of clarity in drafting pension division orders to avoid unfavorable outcomes.

If you have questions or need assistance with military pension division orders, don’t hesitate to reach out. Call us today, and we’ll be happy to provide guidance tailored to your situation.

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Military Divorce: The Court says the Service Can Divide the Pension. What Happens?

Dividing pension benefits in any divorce can create conflict and tension. Service members and their spouses are often at odds when it comes to this issue. All 50 states treat military pensions as marital or community property and a state court can award a portion of military pension benefits to the spouse even in marriages that last less than a year. In this video, Steve Shewmaker and Alexa Lewis of the Law Firm Shewmaker & Shewmaker discuss what can happen in divorces where one party is the spouse of a service member.
Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Hello Friends,

Robert Capovilla here from Shewmaker & Shewmaker.

Last week I had the honor to represent HM2 Christopher Alliano at a separation hearing held at the U.S. Navy Recruiting Command in Millington, Tennessee.

HM2 Alliano hired me after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place at the Navy Reserve Center in Chattanooga, and a recipient of the Combat Action Ribbon.

In October 2006, HM2 Alliano forward deployed with Company D, 3D Amphibious Assault Battalion, 2d Marine Expeditionary Force in support of Operation Iraqi Freedom. During that deployment, several Marines that I spoke to who served with HM2 Alliano described him as an outstanding “doc” who was not afraid to put his own life at risk to save Marines in combat. For his efforts, HM2 Alliano received the Navy and Marine Corps Achievement Medal with a Combat Distinguishing Device (Valor) for heroic achievement.

After that deployment, HM2 Alliano began to struggle with PTSD and combat trauma. He did not report his symptoms because he did not want to jeopardize his career. In 2015, HM2 Alliano came face-to-face with the terrorist who murdered several Marines and Sailors at the recruiting station where HM2 Alliano worked. HM2 Alliano was forced to barricade himself in the office while the terrorist shot at him several times. After that horrible incident, HM2 Alliano’s symptoms grew worse and more defined.

By June 2019, HM2 Alliano was suffering from several PTSD associated ailments that he kept secret from his command. As a result, he began to self-medicate.

During the board, the Recorder requested that HM2 Alliano be separated from the Navy with a less than an honorable discharge and, as a result, lose his retirement. After 4 hours of litigation, the Board rejected the Recorder’s argument and awarded HM2 Alliano with an honorable discharge, but recommended that the sentence be suspended for 6 months so that HM2 Alliano could retire with all his benefits in place.

HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.

PTSD remains a very serious issue for all our combat veterans who have served overseas in a combat zone. Many of these veterans do not feel comfortable reporting their symptoms because they don’t want to jeopardize their careers or risk being transferred to a different unit. If you’re struggling with PTSD or PTSD related issues, please, please get the help that you need.

Robert Capovilla
Shewmaker&Shewmaker
Military Defense Attorney