Category Archives: Military Divorce
Divorcing While Deployed
Being deployed is something that a soldier both expects and dreads. However, it can sometimes bring not only professional, but personal changes. It is less unusual than one might think to try and obtain a divorce while your military spouse is deployed – it may not be concluded until their tour of duty is… Read More »
After An Honorable Discharge
Most members of the United States armed services are not career military, and as such, will seek or receive discharge at the conclusion of their tour. Some divorced servicemembers, depending on their circumstances, may seek an honorable discharge when the time is right so that they can spend more time with their children. If… Read More »
Military Retired Pay vs. Military Disability Pay
When a military service member is involved in a divorce, the main issue over which disputes arise is the issue of what portion of the service member’s pension should be earmarked for their soon-to-be ex-spouse. Even with those who have served for 20 years and are familiar with the retirement pay system, however, can… Read More »
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 »
