Law Offices of Michael Gast Lawyer Frederick Maryland | Law Offices of Michael Gast 2026-05-19T15:17:43Z https://www.frederickdivorcelawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504524/2025/09/cropped-LawOfficesOfMichaelGast_SITEICON_512x512_001_001_SEPT25-32x32.jpg On Behalf of Law Offices of Michael Gast <![CDATA[TRICARE and divorce: What spouses of servicemembers need to know]]> https://www.frederickdivorcelawfirm.com/?p=46792 2025-02-20T03:34:24Z 2025-02-20T03:34:24Z Most people who are on their spouse’s health insurance plan lose that coverage as soon as the divorce is final. If your spouse is a current or retired member of the military, however, that may not be the case.  The rules for TRICARE are different than for civilian health care coverage. While health insurance is likely high on your list of things to worry about as you consider or prepare for divorce, you don’t want to be caught without coverage. Let’s take a brief look at what you need to know.

What determines the continuation of coverage?

Your future with TRICARE depends on the length of:
  • Your marriage
  • Your spouse’s retirement-creditable military service
  • The overlap between the above two things
There are two key rules you need to know. The 20-20-20 rule: This is when all three of those things have lasted at least 20 years. For example, say your spouse has been in the military for 30 years and the two of you have been married for 22 years of their military service.  That means you qualify to continue to get health insurance through TRICARE after your divorce until and unless you remarry. You will, however, need to get your own plan separate from your ex’s plan. If you have children, they can stay on whichever parent’s plan you choose. The 20-20-15 rule: Say your spouse has been in the military for 30 years, but you married 16 years ago. The 20-20-15 rule would apply to you. In this case, you’re eligible to get your own TRICARE coverage for a year after your divorce is final. Then you need to find other health insurance.

What if you don’t qualify for continued TRICARE?

If you don’t qualify for any continued TRICARE coverage, you can still qualify for health insurance under the Continued Health Care Benefit Program (CHCBP) for three years. However, it’s important to note that this can be costly.  If your own employer doesn’t offer health insurance, it’s smart to explore the options in Maryland’s health insurance marketplace or that of whatever state you’ll be living in. Under the Affordable Care Act, Americans have access to a variety of plans that fit their needs and budget. Regardless of what options are available to you, it’s wise to decide as soon as possible for yourself and your children. The cost of health care and insurance need to be considered as you work out any spousal and child support agreements. Having experienced legal guidance can help you with any questions or concerns.]]> On Behalf of Law Offices of Michael Gast <![CDATA[3 types of property people don’t have to divide during divorce]]> https://www.frederickdivorcelawfirm.com/?p=46789 2024-11-25T20:43:12Z 2024-11-25T20:43:12Z Property owned before marriage Modern marriage trends indicate that many people marry later in life. They may have already established their careers and acquired various high-value assets. The resources that people accumulate before getting married typically remain their separate property when they divorce. Separate property may include any interest accumulated or appreciation in value that occurs during the marriage.

Inherited items and gifts

Family members and others who have close relationships with either spouse may provide gifts to that spouse during the marriage. People may also name either spouse as a beneficiary in an estate plan. Regardless of the timing of the transfer of a gift or an inheritance, assets intended for one spouse typically remain their separate property. Provided that spouses maintain gifts and inheritances separately from marital property, they do not have to divide those assets when they divorce.

Items protected in a marital agreement

Prenuptial and postnuptial agreements can outline how couples should divide their property when they divorce. They may also include clauses designating certain resources as separate property. In most cases, provided that the courts recognize the marital agreement as a valid contract, assets designated as separate property in those agreements are not included in the pool of marital property for the purposes of equitable distribution during a divorce. Understanding what assets remain the sole property of one spouse can help those preparing for property division negotiations during complex, high-asset divorces. Spouses who have valuable separate property can use that as a foundation as they begin planning their financial future.]]> On Behalf of Law Offices of Michael Gast <![CDATA[Can either parent relocate from Maryland if they share custody?]]> https://www.frederickdivorcelawfirm.com/?p=46787 2026-02-03T13:51:39Z 2024-08-23T16:23:40Z Maryland divorce. All too often, spouses may find themselves disagreeing over what is best for the children or who should be present with them on certain days. Typically, families eventually resolve their disagreements and establish a parenting arrangement in accordance with the custody order approved by the courts. Both parents see the children regularly and have a say in major decisions about their lives. Unfortunately, the decisions made by one parent can affect the other and the children. For example, someone trying to move on with their life after a divorce might accept a job in Connecticut or want to move back home with their family across the state. Can parents subject to a Maryland custody order relocate?

Moves require authorization

Maintaining a consistent residence is an important component of providing a child with a stable lifestyle. Adjusting to a new home can be incredibly stressful for children, especially on the heels of a disruptive parental divorce. The move to a new home could cut them off from their social connections at school or in their neighborhood. Additionally, the proximity of the two parental homes is of the utmost importance for facilitating regular custody exchanges. If either parent moves a significant distance away from the other or leaves the state, their relocation can have major implications on their custody arrangements. The law in Maryland limits parental relocations. Adults typically need to provide each other and the courts with at least 90 days advance notice before a move occurs. In some cases, one parent may grant the other permission to relocate. If the other parent opposes the move, then the matter may require the review of a family law judge. Judges consider what might be in the best interests of the children and how the relocation might affect current custody arrangements. They can theoretically permit or decline a move based on their interpretation of family circumstances. They can also modify the current custody arrangements to reflect the change in living circumstances. Relocations can cause a lot of stress for the children and can make shared custody more challenging. Understanding how Maryland handles move-away scenarios can be beneficial for those hoping to move and those worried about a proposed move.]]> On Behalf of Law Offices of Michael Gast <![CDATA[What happens to military pensions in Maryland divorces?]]> https://www.frederickdivorcelawfirm.com/?p=46786 2024-05-21T13:10:39Z 2024-05-21T13:10:39Z Pensions are often marital property A military pension technically is a benefit earned by one individual. Someone might expect to retain that pension as their separate property when they divorce. However, contrary to that expectation, a pension is probably at least partially marital property. People accrue those benefits during marriage, and therefore it is subject to division under Maryland state statutes. Only those with marital agreements can confidently claim their pensions are not subject to division when they divorce. There is a common myth that people share misinterpreting a military rule that applies to pensions after a divorce. Some people think a military pension is not subject to division if people divorce after fewer than 10 years of marriage. However, that is not true. The 10/10 rule for military pensions only influences how a servicemember distributes pension resources, not whether they have to do so. If a marriage lasted at least 10 years and there were 10 years of active service during the marriage, then the non-military spouse can receive direct pension distributions from the Defense Finance and Accounting Service (DFAS). Otherwise, spouses need to make alternate arrangements to address a pension after shorter marriages or marriages with fewer years of active military service. Understanding what rules apply to military divorces in Maryland can help people prepare for a major family change. Those who know what assets are subject to division can use that information to plan for the future.]]> On Behalf of Law Offices of Michael Gast <![CDATA[Divorce, teenage children, and the future: 3 important considerations]]> https://www.frederickdivorcelawfirm.com/?p=46777 2026-02-03T13:53:35Z 2024-02-16T18:56:46Z #1: Planning for college expenses Teens are likely finishing up high school and looking towards the future. For many, this includes making plans for college. It is important for parents to discuss how they will shoulder the financial responsibility for college. It helps to approach this topic with a clear and level head. This conversation should touch on many aspects of college planning, including a discussion on how to handle potential scholarships, FAFSA paperwork, and even the potential impact on tax obligations. Consider including the following in your divorce agreement:
  • Tuition. It is a good idea for parents to put together a detailed plan for tuition payments.
  • Room and board. Whether staying in college housing or not, this cost can be significant. Parents should account for this expense before finalizing the divorce.
  • The extras. Agreements on who will cover additional college-related expenses such as books, the cost to participate in extracurricular activities, travel, and transportation.
Discussing and solidifying these plans within the divorce agreement can help to reduce the risk of future conflicts and better ensure that your teenager's educational future remains a priority.

#2: Custody and living arrangements

Teenagers require stability and support, especially during the changes that come with their parents' divorce. When deciding on custody and living arrangements, parents should take the teen's needs and preferences into account. Key factors to address can include:
  • The teenager's school and social life
  • The proximity of each parent to the teen's school and friends
  • The teenager's own preference, taking into account their maturity and ability to express their needs
Legal decisions made today will resonate throughout your teen's formative years, so it is important to create a living situation that supports their emotional well-being and development.

#3: Maintaining communication

Open and honest communication is the cornerstone of helping teenagers navigate the changes in their family structure. Any parent of a teenager knows that this is a struggle even in the best of circumstances. During a divorce, parents can help get over this hurdle by putting a little extra effort into time with their teens. This can include keeping discussions age-appropriate and respectful. It can also help to encourage your child to share their feelings and concerns while making it clear that you are there for them during this difficult transition. These steps can help to better ensure the conversations are fruitful, even when difficult.]]> On Behalf of Law Offices of Michael Gast <![CDATA[Top reasons for modern divorce]]> https://www.frederickdivorcelawfirm.com/?p=46776 2026-02-03T13:57:15Z 2023-11-29T03:03:59Z reasons why a divorce eventually takes place. Understanding why it could happen can help you plan for your future.

7 common reasons

There are numerous reasons why marriages end in divorce. Seven of the top reasons for divorce are as follows:
  1. Communication Problems: Ineffective communication can lead to confusion, misunderstandings, resentment and an inability to work through or resolve marital conflicts.
  2. Infidelity or Cheating: Extramarital affairs and a breach of trust can cause irreparable damage to a marriage, leading to divorce.
  3. Financial Issues: Financial irresponsibility, disagreements over money, overwhelming debt or differing financial priorities can lead to a divorce.
  4. Lack of Intimacy or Incompatibility: A decline in emotional or physical intimacy, or fundamental differences in values, interests or long-term goals can cause dissatisfaction and contribute to the breakdown of a marriage.
  5. Substance Abuse: Drug or alcohol addiction can significantly impact a marriage, leading to breakdowns in trust, communication and overall stability.
  6. Growing Apart: Over time, couples may grow in different directions, resulting in a loss of connection and emotional closeness. This is one reason why those who get married at a young age have higher divorce odds.
  7. External Stressors: Outside pressures such as job loss, illness, extended family issues or major life changes can place strain on a marriage and contribute to divorce. When life itself is stressful, that can have an impact on a marriage.
Of course, each relationship is unique, and the reasons that couples get divorced can vary widely from one to another. Oftentimes, divorces result from a combination of several factors rather than just being the result of a single root cause. Additionally, couples may seek divorce for reasons not listed here, as the complexities of relationships and individual circumstances vary significantly. But no matter why it happens, if you find yourself in this position, it’s important to carefully consider your legal options so that you can safeguard your interests as you move forward.]]> On Behalf of Law Offices of Michael Gast <![CDATA[Tips to make long-distance co-parenting successful]]> https://www.frederickdivorcelawfirm.com/?p=46719 2023-08-24T23:13:32Z 2023-08-24T23:13:32Z long-distance co-parenting often involves deployments to different locations or extended training periods. The unpredictability and frequent changes inherent in military life can complicate co-parenting arrangements. However, long-distance co-parenting can be successful with the right approach and tools.

Emphasize open and consistent communication

Long-distance co-parenting relies heavily on regular communication between parents and children. Technology like video calls, emails and messaging apps can help maintain a close connection. Regularly scheduled calls or video chats can give the children a sense of routine and stability.

Create a detailed parenting plan

For families in which parents are no longer romantically linked, a well-thought-out parenting plan that includes parenting time schedules, decision-making protocols and dispute-resolution methods can be valuable. The plan should be flexible enough to accommodate changes in circumstances but detailed enough to provide clear guidelines.

Consider the children's needs and feelings

Long-distance co-parenting can be challenging for children as they adjust to living far from one parent. Acknowledging their feelings, keeping them informed about plans, and providing ways to communicate directly with the distant parent can help ease the transition.

Special considerations for military members

The unpredictable nature of deployments and relocations can create unique challenges for military members engaged in long-distance co-parenting. Communicating upcoming changes as early as possible, creating contingency plans and seeking support from military family resources can be helpful.

Encourage strong relationships with both parents

A relationship with a child’s (fit) distant parent is vital for the child's emotional well-being. Encouraging regular communication, sharing photos and updates and involving the other parent in significant decisions and events can help maintain this connection. In the event of divorce or a non-marital split, virtual visits and in-person parenting time should all be outlined in a family’s parenting plan. They should be planned with the child's routine and emotional needs in mind. Communication should be regular enough to maintain a relationship and considerate of the child's schedule and other commitments.]]> On Behalf of Law Offices of Michael Gast <![CDATA[Signs that you’ve started drifting apart]]> https://www.frederickdivorcelawfirm.com/?p=46711 2026-02-03T13:58:40Z 2023-05-25T15:07:36Z how do you know that this is happening so that you can begin taking these steps?

You don’t spend time together

Life does get busy, so a couple shouldn’t worry that they’re going to get divorced if they’re simply in a busy season of life where they don’t see each other as much. But if you feel like your spouse is intentionally not spending as much time with you, it could be a red flag. For instance, maybe they prefer spending time with friends or staying late at the office.

Every little thing becomes an argument

Another potential issue you may see is that little disagreements consistently turn into big arguments. This could illustrate that there is underlying tension or friction in your relationship. You may not have spoken about it directly, but that’s what your partner is likely responding to when they start arguments over things that you consider to be quite minor.

You start to feel like roommates

Oftentimes, married couples begin feeling their relationship change. The romance may be dwindling. They slowly start to feel like roommates who cooperate on things like paying the bills or cleaning the house, but who don’t really have a deeper connection any longer.

What should you do?

Have you started to see these red flags, and do you think that a divorce is coming in your future? It’s important to seek legal guidance proactively in order to safeguard your rights and interests.]]> On Behalf of Law Offices of Michael Gast <![CDATA[How do Maryland courts determine child custody?]]> https://www.frederickdivorcelawfirm.com/?p=46710 2023-02-14T00:51:55Z 2023-02-14T00:51:55Z The child's best interests The most crucial factor that the courts consider in child custody cases is the child's best interests. This includes determining which parent is better equipped to provide a safe and stable home for the child, as well as considering the child's relationships with each parent and any other individuals who play a significant role in the child's life.

The relationship between the child and each parent

Another critical factor that the courts consider when determining child custody is the relationship between the child and each parent. This includes a consideration of the emotional bond between the child and each parent, as well as the child's level of comfort with each parent. The courts may also consider the child's level of attachment to siblings, grandparents, and other significant individuals and any history of abuse or neglect by either parent.

The parent's ability to provide for the child's needs

The courts will also consider each parent's ability to provide for the child's needs, including their ability to provide for the child's emotional, physical, and financial needs. This includes a consideration of each parent's financial stability, as well as the availability of resources such as family support and other support systems.

Fostering a positive relationship between parents

The courts will also consider each parent's ability to foster a positive relationship between the child and the other parent. This includes a consideration of each parent's willingness to encourage and support the child's relationship with the other parent, as well as the parent's ability to communicate and work effectively with the other parent.

The child's wishes

In some cases, the courts may also consider the child's wishes when determining custody. However, the child's wishes are not the only factor considered, and the courts may ultimately decide to grant custody to the parent in the best position to provide for the child's needs, even if the child wishes to live with the other parent.

The child's stability and safety

Finally, the courts will consider the child's stability and safety when determining custody. This includes weighing any history of abuse or neglect by either parent, as well as the child's overall physical and emotional well-being. Child custody is one of the most critical and sensitive issues in a divorce. The courts in Maryland use several factors to determine which parent will have custody of the children, with the goal of always putting the child's best interests first. These factors include the child's best interests, the relationship between the child and each parent, the parent's ability to provide for the child's needs, the parent's ability to foster a positive relationship between the child and the other parent, the child's wishes, and the child's stability and safety.]]> On Behalf of Law Offices of Michael Gast <![CDATA[4 frequently asked questions about divorce]]> https://www.frederickdivorcelawfirm.com/?p=46680 2022-11-22T22:08:28Z 2022-11-22T22:08:28Z #1. Will I still get to see my kids? It’s not uncommon for couples to have a child or two during a marriage. However, having a child and raising a child are two different things. You may find that you and your spouse don’t agree when it comes to how you raise your children, which may have caused the need for a divorce. During a divorce, the court typically believes that it’s best that both parents continue to have a hand in raising their children. You and your spouse will likely work out a child custody order that details each of your responsibilities and obligations.

#2. What assets will I lose in a divorce?

Assets and finances are often a topic of discussion during marriage and a topic of argument during the divorce process. While you won’t lose all of your assets in a divorce, you may not leave a marriage with everything you hope for. You’ll likely have to discuss what you want to keep and what you can settle to let go, or what you have a right to keep if you have a prenup or postnup.

#3. Can I start a new relationship after a divorce?

While you don’t have to be single for the rest of your life after divorce, it may be best to avoid having any intimate relationships during the divorce process and shortly after. If your soon-to-be-ex spouse suspects you were having an affair during your marriage, then it could look bad during the divorce process.

#4. Should I get legal help for my divorce?

Divorce can be a complicated and messy battle. You may want to go through the divorce process knowing your legal options. You can reach out for legal help when discussing how you should plan out your divorce.]]>