The process of getting a divorce in Florida is never an easy one and it often requires excellent representation from a knowledgeable attorney. This situation is even more important when one or each of the spouses involved in the marriage is associated with the United States military.
There are additional concerns and different ways that situations such as the dividing of a pension may be handled in a military divorce and this is why it is imperative to consult with a lawyer as soon as possible about your situation.
In the best case scenario, you would reach out to a Florida divorce attorney who has experience with military divorce as soon as possible. There are other concerns that are unique to the military and the spouse that a civilian divorce will encounter.
In the event that you are married to someone in the military, it is essential that you understand these issues in order to be prepared for the divorce procedures.
Some of the unique aspects include retirement division, light off-duty compared with pay for active duty, benefits for health services for the children and the spouse, jurisdiction, calculation of support payments, relocation, pushing off the divorce proceedings in the event that there are orders for outside training or deployment.
One of the most challenging aspects of a military divorce has to do with deciding the best place to file. The majority of states have exceptions in terms of residency requirements in the event that the divorce includes an active duty personnel.
Members of the military as well as spouses should also think about filing for divorce in a state where they maintain permanent residence, a place in which they most recently lived as spouses or the state where they own property.
Retirement plans are obviously a serious concern and one that is especially important in military divorces. In order to qualify to get retirement pay out of the military, he or she must be married for at least 10 years and during this time period, this must also overlap the military member’s contracts.
Speaking to a lawyer at the outset can help to illuminate whether or not you are eligible to get any part of the retirement. The duration of the marriage is primarily the biggest issue that plays into the benefits a military spouse may be able to receive from the retirement.
Health Benefits for The Children and Spouse
So long as a parent is a military member, then health insurance is covered by the military at no extra cost. Usually there are no copays needed for this, however. Long-term health benefits may also be offered to service members who give at least 20 years of their life to military service.
Permanent change of station is a major issue for military members, many of whom do not have the luxury of choosing where they want to go, which can add additional stress during divorce proceedings.
Temporary relocation request should be shared within 30 days of filing and and then again within 90 days of filing total. This means that it is possible to obtain a court’s determination prior to relocating.
Delaying Divorce for Deployment or Training