No sugar coating it: Military divorce is more complicated than its civilian counterpart.
You have almost all of the traditional Florida divorce issues to solve. Asset distribution, alimony, child support, and custody. You then throw in custody problems that come with a parent overseas. BAH and BAS for income determination. Military pensions. Difficult jurisdiction questions.
And to top it off you have to apply Federal law as well as Florida law.
Where To File Divorce?
Military means travel. States have residency requirements for filing divorce. Often it can be difficult to pinpoint the exaction State (or States) to file the divorce. We show you how to pick the right state for filing for divorce here.
Military also means soldier deployment. The Federal government has specific laws to protect deployed soldiers from having to fight a lawsuit domestically while deployed overseas. Read our guide on how to file for divorce when one party is a deployed soldier.
Separation Survival In Divorce
Military divorce means the parties will physically separate. We teach you how to hand
- Initial Separation Issues in Military Divorce: Separation is hard for anyone going through a divorce. Military families have even more issues to worry about. No problem, we have put together a complete guide to help you separate and split no matter where you are in the Florida military divorce process.
- What Needs to Be Divided in Your Military Divorce: Military benefits, household goods, Aunt Jen’s china. We show you how to divide your assets and debts in a military divorce.
- Military Divorce Myths: Is the service member’s spouse entitled to a portion of the pension if married for less than ten years? We go through common Florida military divorce myths to set the record straight.
- Domestic Violence and “Stay Away” Orders: In addition to civilian domestic violence restraining orders service members and their spouses can seek military protective orders for safety and special orders to return a family back stateside.
- Dealing With Prospective Military Moves When Making a Florida Parenting Plan.
- Modifying a Florida Parenting Plan With a Military Parent Moves
Understanding Military Divorce Retirement, Pension, and Benefits
- TSP: Military members can invest pre-tax money in a Thrift Savings Plan (TSP). TSP’s are the military equivalent to a civilian 401(k). We have put together a guide to teach you how to divide a 401(k) in a divorce.
- Pension: The US military pension is an incredible asset. The pension pays a certain annuity monthly to the service member for the rest of his or her life. Read our guide to Pensions and military divorce in Florida.
- SBP: The Survivor Benefit Plan *”SBP’) is an annuity paid to the family of a deceased service member. SBP benefits can be designated for a current spouse or a former spouse. Read our guide on dividing SBP’s in a divorce.
- Tricare and Health Insurance: Health insurance is vital. Tricare is fantastic health insurance for servicemembers and their families that costs next to nothing. But what happens to your tricare after divorce? We explain everything about tricare and health insurance for the service member’s spouse here.
- VA Disability and Military Divorce: VA disability is an additional benefit service members receive on top of (or in place of some) military retired pay. Learn how the law treats VA disability differently than retired pay here.
Child Custody and Military Divorce
- Overseas Custody & Visitation: As if child custody was hard enough. Military families face the almost impossible task of co-parenting while the parents are in different State or Countries. A military specific parenting plan that addresses military specific custody arrangements makes all the difference. Read our guide on overseas custody and visitation here.
- Military Relocation: What about when one parent gets orders to move to another State and the original order does not contemplate the move? We discuss military relocation here.
Support and Military Divorce
- Garnishment, Voluntary, and Involuntary Allotments: often the service member or the spouse will want to make support payment withdrawals automatic. Learn here about voluntary and involuntary allotments.
- BAH, BAS, and Income for Determining Support: You can’t settle issues like alimony and child support without first defining income. Unfortunately, you usually can’t tell a service member net cash flow from tax returns alone. We show you how to determine a service member’s income for support purposes in Florida in this article.
- What If My Ex Refuses to Pay Support? What if your spouse refuses to pay support? We discuss options for military members and their spouses to recover past unpaid child support or alimony in this guide.
Military Divorce FAQS
- What if he gets Remarried? Do I Still Get the Pension? We have quick answers to all of the most commonly asked questions from our military clients.