Military Divorce
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Military Divorce
For military couples seeking a divorce, it is important to have a lawyer who understands the complexity of military law. Marina R. Taylor has a well-earned reputation as a savvy military divorce lawyer with a consistent record of winning complex cases for her clients. For instance, the military has unique requirements and rules for dividing retirement benefits, but Florida state law defines military pensions as assets of the marriage. Marina is particularly experienced in untangling those differences to the benefit of her clients in Brandon, Riverview, and all of Hillsborough County.
Marina R. Taylor has handled hundreds of military divorce cases over the past 30+ years and, therefore, is very familiar with the federal Uniform Services Former Spouses Protection Act (USFSPA). That legislation provides a wide range of benefits to the non-member spouse, including retirement benefits, medical care, use of the commissary, and eligibility under the Survivor Benefit Plan. She is also exceptionally skilled in applying legal requirements governed by the federal Department of Finance and Account Services, further enabling her to ensure that a non-member spouse receives their proper benefits under the USFSPA.
Is a Military Divorce Different from a Civilian Divorce?
While a divorce involving a military service member follows much of the same legal procedures as in a civilian divorce proceeding, very distinct issues can affect the outcome of a divorce involving military personnel, their spouse, and their children. Marina R. Taylor’s long-time expertise in blending military and civilian divorce rules and procedures is backed up by her intimate knowledge of the military’s insistence on properly drafted forms that meet all military regulations.
In your initial Free Consultation, Marina Taylor will explain all the factors affecting your divorce, whether a simple no-fault divorce or a more complex procedure. She will keep you well-informed throughout the divorce process.
“If you or your spouse is a member of the U.S. military, my ability to think ‘outside the box’ when blending civilian and military legal principles makes me successful in reaching amicable out-of-court settlements—and, when necessary, use my straightforward and no-nonsense approach in the courtroom.”—Marina R. Taylor
Divorce for Active Duty Service Members
When you or your spouse is an active duty military service member, some specific rules and regulations can impact your divorce, even when the divorce is uncontested by the two parties. Active military status affects how a divorce proceeding is filed, as well as the case’s timeline and outcome.
The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to affirm their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who cannot attend divorce proceedings. However, if your spouse is a member of the military, you can still pursue a divorce as long as they sign a defendant’s affidavit of consent.
Also, the Uniformed Services Former Spouses’ Protection Act (USFSPA) may affect how you and your spouse divide your assets. In your Free Consultation, Marina will explain how the USFSPA governs a variety of privileges and benefits that are affected by a divorce:
- Access to the Commissary and Exchange,
- Health care coverage and other benefits,
- Installation family housing,
- Moving costs, and
- Military retirement pay.
Remember that under the USFSPA, a former spouse does not automatically receive a portion of the service member’s retirement pay. Whether and how much a qualified spouse would receive is determined by specific rules and a settlement agreement.
When a Military Divorce is the Same as a Civilian Divorce
Getting a divorce when a spouse is a member of the military is similar to a civilian divorce, particularly in reaching an agreement on:
- Division of homes, vehicles, money, and other marital property
- Division of credit card bills, loans, and other debt
- Child custody
- Child support
Military families pursuing a divorce also must deal with jurisdictional issues, division of retirement benefits, calculation of support payments (off-duty pay vs. active-duty pay), health benefits for a spouse and children, relocation issues if a spouse receives a permanent change of station, starting new relationships, and delaying the divorce process because of required non-local training or deployment.
In Florida, you may file for a no-fault divorce if you and your spouse have no disputes. If your opinions differ regarding child custody or dividing assets, however, Marina R. Taylor can help you negotiate your dispute and draft a settlement agreement, often through formal mediation. Read Marina’s divorce discussion.
Where should our military family file for divorce?
Usually, if you’re stationed in the U.S., you should file in the state where you are stationed, even if you’re not a formal resident of that state. Many military families frequently move and may not meet the minimum time filing requirement to establish Florida residency. For such couples, there is a presumption that where they enlisted can be used and is their home jurisdiction unless there is clear evidence that the couple intended to put down roots elsewhere.
In general, if you meet Florida residency requirements, it does not matter where you were married, where you last lived together, or where your house is located. There may be complications, however, when it comes to property division, custody, or child support, which Marina will explain during your Free Consultation.
When you are a military member and deployed, you do have a few jurisdictional options when filing for divorce. These might include:
- Filing in the state where you last resided for six months or more
- Filing in the home state where you pay taxes
- Allowing your spouse to file where they reside in the U.S.
Possible Complications in a Military Divorce
The general rule in any divorce proceeding is that all items considered marital property can and should be divided among the spouses—with a few exceptions. Property division becomes more complicated when one or both spouses are service members.
One major complication is that the divorce process can take significantly longer for military families, particularly if one spouse is stationed overseas.
Most often at issue are military retirement benefits. Military retirement benefits are subject to division as marital property, but military disability payments are not and are considered protected property. Additionally, unlike under state law, military retirement is classified as property, not income, by the USFSPA.
Further complicating the distribution of retirement benefits is the Defense Finance and Accounting Service (DFAS) regulation that requires a couple to be married for ten years that overlap ten years of military service for an ex-spouse to receive direct retirement payments. This restriction can be overridden, however, by a mutual divorce settlement agreement. The same applies when seeking to share survivor benefits.
When calculating the percentage a spouse may receive from a military pension, the length of the marriage is a key determinant. The actual amount of the benefit can be calculated using a variety of methods ranging from net present value to deferred distribution.
As a skilled military divorce lawyer, Marina R. Taylor will help a divorcing military spouse untangle these and other complications:
- Marina will help determine if your divorce proceeding can be filed in Florida
- She will determine if you comply with the mandatory 90-day waiting period for military families when one or both spouses are active in the military, even if you have been living apart for more than two years.
- Marina will also resolve custody, property, and financial issues.
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Artful Negotiation Is the Key to a Successful Divorce
“A lawyer will be objective and unaffected by emotional issues that can lead to mistakes. Florida divorce law can be complicated, so I strongly recommend that you consult with an experienced Family and Marital Law attorney before you sign any agreement that may leave your legal rights unprotected.”
—Marina R. Taylor
Answers to Your Most Common Questions
If you have other questions important to you, please send Marina a personal message using the form below.
