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Understanding a military divorce involving military benefits

For the most part, a divorce is a divorce no matter what a person's occupation is. When it is a military divorce involving military benefits, however, there are a few factors involved that do not apply in a civilian divorce. For military members in Florida and elsewhere, divorce can be a complicated process, and there are a few conditions that would determine aspects such as spousal and child support, property division, and more.

One of the factors that could make a military divorce more complicated is whether or not one party is away on deployment. Those who are on active duty in permanent overseas stations, or those who are stationed in a remote area, may find that it takes much longer for a divorce to go through than it does for those couples with both parties in the states. While some states have relaxed the rules a bit on residency requirements for military members, others have not.

One important law that military spouses should be aware of if they are considering a military divorce is the Uniformed Services Former Spouses' Protection Act. This law allows the military to accept the statutes of a state when it comes to spousal support, child support, military pensions and pay checks. Retirement pay may even be classified as marital property instead of the service member's income.

In order for an ex-spouse of a military member to collect any of the service member's retirement straight from the military, he or she must have been married to the service member for at least 10 years with 10 years of service overlapping. Otherwise, any retirement that is given to an ex-spouse must be agreed to in the divorce settlement. An ex-spouse also cannot collect more than 50 percent.

Each state has its own laws when it comes to military divorce involving military benefits. Anyone in the service or a military spouse who is considering a divorce in the state of Florida might choose to consult with an experienced divorce attorney. He or she can guide the client through the divorce process and explain the current laws and statutes on receiving child support, spousal support, retirement and pension in the state.

Source: military.com, "Understanding Divorce in the Military", Accessed on July 18, 2017

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