Bryan L. Salamone & Associates, P.C. | Exclusively Divorce & Family Law

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631-388-6009
Bryan L. Salamone & Associates, P.C. | Exclusively Divorce & Family Law
631-388-6009

Smart Divorce Guidance
Focused On Your Future

Long Island Military Divorce Lawyers Helping You Resolve Issues And Reach Fair Outcomes

You serve our country, and we serve you. Military divorce presents unique challenges that civilian attorneys often misunderstand. For service members, spouses, and families in Nassau and Suffolk counties, navigating federal laws, state regulations, and military policies requires a focused, aggressive approach.

At Bryan L. Salamone & Associates, P.C., we understand the complexities of military divorce. Our lawyers can provide the direct, solution-focused representation you need to protect your future and your family’s benefits.

Dividing Military Pensions And Benefits

One of the most critical aspects of military divorce involves the division of retirement pay. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military pensions are divided. We ensure you receive a fair share. We possess a deep understanding of these rules, including:

  • The “10/10 rule” for direct payment from DFAS – This rule lets the Defense Finance and Accounting Service (DFAS) send a portion of a service member’s retired pay directly to a former spouse. This happens if the couple was married for at least 10 years, and the service member served at least 10 of those years.
  • The “20/20/20 rule” for continued military benefits – This rule allows a former spouse to keep military benefits such as TRICARE health care and access to military stores. To qualify, the marriage must have lasted at least 20 years, the service member must have served at least 20 years and these 20 years of marriage and service must have happened at the same time.
  • The USFSPA’s 50 percent cap on disposable retired pay – The Uniformed Services Former Spouses’ Protection Act (USFSPA) sets a limit on how much of a service member’s retired pay a court can award to a former spouse. This limit means that no more than half of the service member’s retired pay can be paid directly to the former spouse by DFAS.

We work tirelessly to secure your rightful portion of these vital assets, ensuring your financial security is preserved.

Understanding DFAS Rules And Allowances

The rules set by DFAS are complex and impact everything from pension payments to child support. We handle all interactions with DFAS to ensure your divorce decree is correctly implemented. We also address military-specific allowances in your settlement, such as:

  • Basic Allowance for Housing (BAH)
  • Basic Allowance for Subsistence (BAS)
  • Overseas Housing Allowance (OHA)

These allowances can significantly affect support calculations. We make sure they are properly accounted for in your case.

Protecting Your Health Care: TRICARE Continuation

Access to health care is a major concern for military families. We work to secure continued TRICARE benefits for former spouses when they qualify. We guide you through the requirements for extended TRICARE eligibility under the “20/20/20” and “20/20/15” rules. Your health and well-being remain a priority during this transition.

Helping You Reach Fair Child Support Arrangements With Variable Military Pay

Calculating child support for service members can be challenging due to variable pay, allowances, and deployments. We ensure all forms of income are considered for accurate child support orders. We factor in:

  • Base pay
  • BAH and BAS
  • Special pay and bonuses
  • Deployment pay

Our firm fights for fair and enforceable child support arrangements that meet the needs of your children, regardless of your service member’s pay structure.

Navigating The Unique Challenges Of Residency, Jurisdiction And PCS Orders Faced By Military Families

Military life often involves frequent moves, creating complex questions about where to file for divorce and which state’s laws apply. We navigate these jurisdictional hurdles with precision. We also understand how Permanent Change of Station (PCS) orders can impact child custody arrangements. We develop creative and enforceable parenting plans that account for:

  • Deployment schedules
  • Relocation due to PCS orders
  • Long-distance visitation
  • Communication protocols during deployments

We are trial-ready and prepared to fight for your parental rights, even with the unique challenges of military service.

A Strong Strategy For Streamlined Resolutions

At Bryan L. Salamone & Associates, P.C., Bryan Salamone and our team prioritize quick and effective resolutions for military divorces. We understand the urgency, especially when deployments are on the horizon. We aggressively pursue settlements that protect your interests while minimizing delays.

Our attorneys have over 30 years of experience serving New York families in divorce, and we apply that knowledge to the specific needs of military clients in Nassau and Suffolk counties. We are prepared to go to court if necessary, but we always seek the most direct path to a favorable outcome.

We provide clear, decisive action and strong advocacy tailored to your military situation.

Secure Your Future: Contact Us Today For A Free Consultation

Do not let the complexities of military divorce overwhelm you. You need an aggressive, solution-oriented legal team that understands your unique circumstances. Contact Bryan L. Salamone & Associates, P.C., today to schedule a free consultation to discuss your divorce case with an experienced military divorce lawyer. Call us now at 631-388-6009 to protect your benefits, your family and your peace of mind.