Military Divorce

Military divorce poses several unique challenges. Frequent relocation can sometimes make it unclear which family court has jurisdiction. For Florida to have jurisdiction, the military spouse must claim Florida as their permanent residence. Additionally, non-military spouses must a Florida resident for at least 6 months prior to filing for divorce.

Other legal issues pertaining to military divorce Ian C. Hurley can help you with include:

  • Valuation and distribution of military pension
    • Survivor benefits
    • Medical, health benefits
    • Commissary, PX privileges
    • Disposable military retired pay
  • Service of process abroad
  • Default judgment while on active duty
  • Flexible child custody and time sharing
    • Serviceman’s Civil Relief Act (SCRA) delays divorce, property division, child or spousal support, and modification or enforcement of prior orders while service member deployed
Spousal Support and Child Custody

Military deployment can create unique challenges when it comes to spousal support and child custody that you need an experienced family law attorney to help with. Section 61.13002 of the Florida Statutes requires active service members to choose a person to exercise their child custody rights if they are deployed for more than 90 days. The chosen person must be named in writing to the civilian or military parent at least 10 days before the next time-sharing date. Florida law limits awards of alimony and child support to 60% of the military member’s pay. Make sure your rights are protected with the help of Ian C. Hurley.

Military Pension

The division of military compensation and pensions upon a divorce is a serious concern. You need to protect your future. Under Florida and federal law, division of military pay and pension may involve:

  • Serviceman’s Group Life Insurance
    • Federal law does not require naming civilian spouse or children as beneficiary
  • Uniform Services Former Spouse’s Protection Act
    • Governs calculation and award of retirement benefits upon divorce
    • Conditioned upon at least 10 years of marriage to active duty member
    • Medical benefits based on years of marriage during “creditable” military service
  • Proper characterization of military income for support
    • Signing bonuses, hazard duty pay
    • Overseas, foreign language, jump pay
  • Exclusion of non-marital promotion pay and longevity enhancements
  • Waiver of retirement for veteran’s tax-free pension due to service-related disability