Category Archives: Military Divorce
The 10/10 Rule
Like anyone else, military personnel marry and divorce, and many require help separating assets and obligations, especially those granted by the military itself. In order to help with this, several guidelines and rules have been passed, many of which help to integrate military divorce procedure with standard civilian law. The so-called 10/10 Rule is… Read More »
Issues Unique To Military Divorce
Despite all the differences between military and civilian life, there is in reality very little difference between military and civilian divorce. While the laws followed will differ slightly, there is a lot of overlap in the procedures; the only issue is the nature of the benefits being divided, such as pensions, retirement pay, health… Read More »
Post-Judgment Modifications in Military Divorce
In a standard civilian divorce, post-judgment modifications are common, given the nature of life today. However, in a military divorce, there may be unforeseen complications due to one or both spouses’ duty status. Parenting time and spousal support are the most common issues over which a military divorce may be modified. Parenting Time A… Read More »
Pensions As Property
The Uniformed Services Former Spouses Protection Act (USFSPA) was passed in 1982 to safeguard the interests of military spouses, both current and former, despite the name. It regulates many different issues having to do with marital property and jointly-owned assets, and grants some authority to state courts to rule on these matters. One might… Read More »
Dividing Military Pensions: Equal vs. Equitable
When a couple decides to divorce, and one or both of them are servicemembers, their military pensions are considered marital assets. In states such as Florida that use a system of equitable distribution, marital assets are divided between the spouses, but contrary to popular belief, this is not always done strictly equally. Rather, judges… Read More »
An Overview of Military Pensions & Divorce
Military service is arguably the most difficult job on the planet. It is entirely understandable for service members to be well rewarded after their service, receiving pensions based at anywhere from 40% to 100% of your base pay depending on your length of service and other factors. However, when divorce happens, that pension is… Read More »
Dividing Military Benefits in a Divorce
Even in the most amicable and uncontested divorces in Florida, dealing with property division can be a frustrating and confusing process. How will your assets and debts be divided? And will you and your spouse be required to sell certain property you’ve acquired during the marriage? In Florida, it’s important to remember that a… Read More »
Complicated Feelings and Military Divorce
Does filing for divorce still have the stigma it carried decades ago? While many Americans have come to view divorce as a situation for which we should express sympathy and kindness, some still feel there’s some dishonor in being a divorcee. In particular, according to a recent story in Stars and Stripes Magazine, stigma… Read More »
Drop in Military Divorce Rate
How often do military spouses get divorced in Florida? According to a recent article from Military.com, the military divorce rate is at its “lowest level in 10 years.” To be sure, based on data released from the Department of Defense, the divorce rate among military couples dropped again from last year, allowing the military… Read More »
Military Divorce: Division of Military Pensions
Military divorce is defined as a divorce where one of the parties is either active duty military, a reservist, National Guard member, or retired from active duty military, the National Guard, or Reserves. A military divorce can be quite complicated, for example, when considering the division of a military pension. There are many roadblocks… Read More »
