Military Family Matters: What Legal Considerations Are Important?
Military families face unique challenges that require thoughtful legal planning. From deployment to relocation and the complexities of military benefits, it’s essential to understand the legal considerations that can protect and support service members and their loved ones.
Understanding Military-Specific Legal Protections
Service member’s families benefit from several legal protections designed to safeguard their rights during service. Two critical areas to consider are employment and housing.
The Servicemembers Civil Relief Act (SCRA) for Military Families
The SCRA provides active-duty military members with protections against financial and legal burdens, such as:
- Postponing civil court proceedings
- Capping interest rates on loans and credit cards
- Protecting against eviction during service
Understanding these rights is crucial for preventing undue financial or legal stress during deployments or other service commitments.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA ensures job protection for service members when they return from active duty. Employers are legally required to reinstate returning service members to their jobs and provide reasonable accommodations.
Addressing Family Law Issues in Military Life
Family law issues can become complicated for service member families due to frequent relocations, deployments, and state law variations.
Custody and Parenting Plans for Military Families
Deployments and relocations often impact child custody arrangements. Military families should draft custody agreements that account for:
- Deployment schedules
- Relocation possibilities
- Virtual visitation during periods of separation
Working with an attorney experienced in service member family law can help create a plan that prioritizes the child’s best interests.
Divorce and Spousal Support for Military Families
Divorce in a service member’s family involves unique considerations, such as the division of military pensions and determining eligibility for continued healthcare benefits. Understanding these nuances ensures fair outcomes for both parties.
Estate Planning for Military Families
Estate planning is essential for service member families to secure their financial future and provide peace of mind.
Powers of Attorney and Wills for Military Families
Service member members should designate a trusted individual to make legal and financial decisions through a power of attorney. Additionally, drafting a will ensures assets are distributed according to their wishes.
Survivor Benefit Plan (SBP)
The SBP provides financial security for surviving family members. Service members should review and update their SBP elections regularly, especially after major life changes like marriage, divorce, or the birth of a child.
Navigating Military Benefits
Understanding and maximizing military benefits can significantly impact a family’s financial stability.
TRICARE and Healthcare Benefits
TRICARE provides healthcare coverage to service member families. Familiarizing yourself with coverage options, eligibility, and enrollment periods is crucial to maintaining uninterrupted healthcare access.
GI Bill and Education Benefits
The Post-9/11 GI Bill allows service members to transfer unused education benefits to spouses or children. Planning how to utilize these benefits can support the family’s educational goals.
Proactive Legal Planning Is Key: Contact LPEP to Discuss Military Family Matters
Military life is demanding, but proactive legal planning can alleviate stress and protect the well-being of service members and their families. By understanding their rights and benefits, addressing family law issues, and investing in estate planning, service member families can navigate their unique challenges with confidence.
Consulting with a legal professional familiar with service member issues can provide tailored guidance to meet your family’s needs. At LPEP, our expert attorneys specialize in family law and estate planning. With vast experience in military legal matters, we’ll ensure you and your family are protected and supported in every way possible.
Contact us today to schedule your free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Virginia Lively
Virginia Lively joined Lonich Patton Ehrlich Policastri in 2016, and has practiced family law exclusively since 2012. In 2018, Ms. Lively became a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization. Her work with clients throughout the Bay Area has demonstrated her expertise in divorce, domestic violence, and spousal and child support as well as tax planning and litigation.
