Military Divorce

Military Divorce

Divorcing your spouse is always a confusing and sometimes painful experience. However, if your or your former spouse was or currently enlisted in the United States Armed Forces, then the situation becomes even more complicated. Between jurisdiction issues, military benefits and the exceptions to alimony, a military divorce can be a bit of a headache.

Whether you or your spouse is in the military, it’s important you’re prepared for what could happen during divorce filings. As military personnel, you could lose part of your benefits, medical plan or your pension plan. If you’re planning to divorce someone from the military, you could have the assets and benefits you deserve taken away from you.

If you are currently or about to file for a military divorce, you must contact an experienced divorce attorney in South Florida.

Attorney Explains Military Divorce in Fort Lauderdale, Florida

Military divorce proceedings are much more complicated than a standard divorce. It’s important you have legal counsel on your side so you’re ready in court. Contact Bacchus Law Firm for quality legal representation with one of the top divorce attorneys in South Florida. Attorney Nisha E. Bacchus has spent years representing military divorces for members of the United States Army, Navy, Air Force, Coast Guard or Marine Corps.

Call (954) 500-5555 to set up your consultation with a military divorce lawyer. Attorney Bacchus will oversee your case and help you decide what the best course of action is. Bacchus Law Firm has the best family law attorneys in South Florida, representing individuals in military divorces throughout the Broward County area, including Hollywood, Pompano Beach, Pembroke Pines, and Fort Lauderdale.

Overview of Military Divorces in Florida

• Filing for Divorce Under the Servicemembers Civil Relief Act (SRCA)
• How is Military Retirement or Retired Pay Split in a Divorce?
• How are Military Benefits Divided in a Divorce?

Filing for Divorce Under the Servicemembers Civil Relief Act (SRCA)

The complications for a military divorce start right at the beginning thanks to the Servicemembers Civil Relief Act (SRCA), also known as the Soldier’s and Sailor’s Relief Act of 1940. The legislation states you cannot pursue legal action against deployed military personnel without a specific court order. You must have an affidavit of Non-Military Service before filing for a divorce from an active military member. Because military divorces often involve complex parenting and custody matters, guidance from a timeshare attorney in South Florida can be especially valuable when children are involved.

This can drag on legal proceedings for quite some time. In addition, SRCA allows legal proceedings to be stayed for 60 days once they’re returned from active duty. This is to prevent active servicemen from being held in default for failure to respond to a court order.

Another issue with military divorces is the jurisdiction of the divorce, or where to file it. You may be required to file it in the state in which you are based if you’re an active military member. Some file divorce proceedings at their permanent residence or the last place they lived as a married couple. Fortunately, many states provide exceptions to residency requirements for active duty servicemen who prefer to file where they’ve been stationed.

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How is Military Retirement or Retired Pay Split in a Divorce?

Military divorces are unique because they’re subject to both state and federal laws. Federal law covers military benefits with the Uniformed Services Former Spouses’ Protection Act (USFSPA). The act states a former spouse cannot be awarded any retirement benefits if their spouse was in their military.

However, it also states that state courts can treat disposable military retired pay as divisible property. This is also referred to as the 10/10 rule, which applies to former spouses who:

• Were married to your spouse for at least 10 years; and
• During the marriage your spouse performed at least 10 years of military service

You can only receive up to 50 percent of disposable retired pay if you meet the requirements of the 10/10 rule. If the courts grant you a portion of your former spouse’s retired pay, you will be sent direct payments from the Defense Finance Accounting Service (DFAS).

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How Are Military Benefits Divided in a Divorce?

Military benefits including Tricare health care coverage are divided by either the 20/20/20 Rule or the 20/20/15 Rule. Both rules refer to Title 10 U.S.C. § 1072(2)(F), which states former military spouses are entitled to military benefits and installation privileges. The coverage stops once the former spouse remarries or has employer-covered health insurance.

Under the 20/20/20 Rule, an ex-spouse of a military veteran can recover military benefits including medical care if the requirements below are satisfied:

• The marriage lasted for at least 20 years;
• The military personnel served for at least 20 years; and
• The marriage and service period coincided for at least 20 years

The 20/20/15 Rule only offers Tricare health insurance coverage for up to one year from the date of divorce or annulment. To be eligible for benefits under 20/20/15, the following requirements must be met:

• The military service member performed at least 20 years of creditable service;
• The former spouse and military service member were married for at least 20 years;
• During the marriage, the military service personnel was active for at least 15 years, but less than 20 years

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Additional Resources

Be Ready for the Complexities of Divorce – Visit the official website of the United States Armed Forces, to learn more about divorce proceedings. Access the site to read an article written by Captain David Retland that generally explains how a military divorce works and how to cope.

Florida Divorce Forms – Visit the official website of the Florida Courts to access their divorce forms. Download in PDF or RTF form divorce forms for a simplified marriage, one with shared children or other supporting documents that may be useful.

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Lawyer Explains Military Divorces in Broward County, FL

If you or your spouse was or is in the military and wishes to divorce, it’s time to contact a trustworthy divorce lawyer in South Florida. A military divorce is presided under both federal and state law, so it can be confusing. Many divorce attorneys are unfamiliar with the laws associated with military divorces and could endanger your case.

Nisha E. Bacchus is a reputable attorney with years of experience representing people in military divorces. She has worked with both active servicemen and former spouses of military personnel. She can assist you with her dedicated work ethic and knowledge.

Call [call] today to set up a consultation. Bacchus Law Firm accepts clients throughout Fort Lauderdale and neighboring cities including Pembroke Pines and Hollywood.

Trusted Legal Guidance for Military Divorce in South Florida

Military divorces require careful consideration of both federal and state laws. Navigating the complexities of military benefits, retirement pay, and the jurisdictional issues involved can be overwhelming without proper legal guidance. If you or your spouse is in the military, it is crucial to seek an attorney who understands the nuances of military divorce law. Bacchus Law Firm, located in Fort Lauderdale, South Florida, provides dedicated legal representation to individuals navigating military divorces. Our team is well-versed in the challenges military families face during divorce proceedings.

Frequently Asked Questions

1. 1. What is the Servicemembers Civil Relief Act (SCRA) and how does it affect military divorces?
      The SCRA protects active duty service members from legal actions, including divorce, while they are deployed. It requires that a court order be obtained before proceeding with a divorce if the spouse is deployed, and it allows for a stay of proceedings for up to 60 days after deployment.
   2. How is military retirement pay divided in a divorce?
      Military retirement pay can be divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The 10/10 rule allows the division of military retirement pay if the couple was married for at least 10 years and the spouse served in the military for at least 10 years.
   3. Can I receive military benefits after a divorce?
      You may be entitled to military benefits, such as health care and other benefits, if your marriage met the criteria under the 20/20/20 or 20/20/15 rule. Otherwise, benefits like Tricare health care may not be available to you unless you qualify for special circumstances.
   4. How does jurisdiction affect military divorce proceedings?
      Military divorces can be complicated due to jurisdictional issues. You may need to file the divorce in the state where you or your spouse is stationed, or where you lived as a couple. Many states offer exceptions for military personnel to file where they are stationed or were last stationed together.
   5. How do I file for military divorce in Florida?
      In Florida, you can file for military divorce under the same grounds as civilian divorce, but additional military-specific rules may apply. It is essential to consult with an attorney experienced in military divorce laws to navigate the complexities of both state and federal regulations.