For the divorcing spouses of veterans, you could be entitle to a portion of their military pension and retirement benefits under Florida’s equitable property division principles. The longer the marriage, the stronger the rights.
If you need advice about divorce as a veteran retired from long years of active service, the spouse of such a veteran, or an active-duty member of the armed services, we can help you.
The Servicemembers’ Civil Relief Act of 2003 updates and extends the protection from civil lawsuits that formerly applied only to Army and Navy personnel. Briefly stated, any civil action — including a petition for divorce or paternity suit — against an active duty member of any armed service can be stayed for an initial period of 90 days, with the possibility of extending the stay, usually on the basis of the service member’s deployment status. We can advise you about the best way to handle a divorce while on active duty.
Active duty can also have an impact on other things, such as:
When a marriage and military tenure overlap for 10 years, the nonmilitary party can be paid half the value of the military party’s pension. Additional benefits attach when the marriage and military service coincided over 15-year and 20-year periods. Marriages spanning fifteen years have limited benefits while marriages that fall under the 20-20-20 rule may yield many benefits including PX and commissary rights, medical benefits, and cost of living adjustments. Jacksonville military divorce attorneys can advise you of your rights and strategic alternatives with respect to these considerations regardless of whether you or your divorcing spouse will be asserting interests under the FSPA.
Working with someone you trust is essential. At the Waterhouse Law firm, you can rest assured that we will handle your case with the level of detail and care we would give to our very own family.