What Can A Spouse Recover In A Military Divorce?

Getting a divorce is never easy, but getting a divorce when one or both spouses are members of the military can be particularly complex. Different laws govern certain aspects of a military divorce, meaning that issues like asset distribution may require more discussion. If you choose to divorce in Florida, it is important to understand that both military regulations and civilian law may play a role in the ultimate outcome of your petition.

Assets Divided Equitably

Florida is an equitable distribution state, which means that in divorce proceedings, all marital assets and debts will be divided in the most equitable manner possible. ‘Equitable’ does not mean ‘equal;’ rather, it is closer to ‘fair.’ Dividing marital property 50-50 down the middle is equal, but it may still not be sufficient to cover expenses, particularly for the custodial parent if there are children of the marriage. Equitable distribution divides assets in the fairest way, ensuring a higher likelihood of each party getting what they need.

In a military divorce, this matters because it means that any assets of the servicemember spouse’s must be equitably divided as well. The most common asset of this type that is divided in a divorce is the servicemember’s military retired pay; since 1982, civilian courts have been legally permitted to divide retired pay in divorces, and Florida courts are happy to do this if the situation merits such a step.

Some Assets Cannot Be Divided

In addition to retired pay, a servicemember can be required to pay spousal support and/or child support if the situation warrants it. The obligation may not legally add up to more than 60 percent of the servicemember’s pay and allowances, just as in a standard Florida civilian divorce, though in the future it may be possible to plead a significant change in circumstances. Spousal support in particular is more likely to have a short deadline.

Other military assets that may come up in a divorce include Thrift Savings Plans (TSPs, which are retirement accounts similar to 401(k)s) and Survivor Benefit Plans (SBPs, which function similarly to life insurance policies). These items cannot be divided; rather, the account holder must change the beneficiary listed in the plan to be someone other than their ex-spouse if they do not wish for their ex to recover.

Contact A Hollywood, FL Military Divorce Attorney

A military divorce is governed by both military and state/federal law, and it can feel overwhelming to try and navigate this process alone. A Hollywood, FL military divorce attorney from the Law Offices of Steven A. Mason, P.A. can help you determine your options, and work hard to get the fairest possible outcome for you and yours. Contact our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html