If you are a member of the Army, Air Force, Navy, Marines or Coast Guard, or married to a service member, your divorce will have a few additional considerations. The benefits you are entitled to, the rules having to do with those benefits, and some of the effects of deployment may affect your divorce proceedings.
At Shaughnessy Law, our lawyers often work with military personnel and their spouses. We're familiar with military law and its effects on your separation process, and can guide you through it efficiently and cost-effectively.
Military Divorce: A Special Circumstance
During our first meeting, our attorneys will discuss various features of military separations, including:
- Rule of Ten: The military spouse must have served at least 10 years and the couple must be married at least 10 years in order for the military to pay a share of retirement pay to the non-military spouse. Otherwise, if retirement pay is part of the settlement, it will be paid by the military spouse.
- Residency: Normally at least one of you must be a resident of Florida for six months before you can file for divorce in the state, but this requirement may not apply to military personnel. If military personnel and their spouses are living within the borders of the State they are considered to be Florida residents. Also, a military person can be considered a Florida resident even if serving out of state, if they have not established residence somewhere else.
- Deployment: Deployment may affect childcare arrangements, and divorce proceedings may be delayed until three months after active duty.
- VA disability: Normally these benefits are not part of property division, but may be considered part of income for support purposes.
- Thrift Savings Plan (TSP): We can answer your questions about TSP loans and any other TSP matters that apply to your situation. For taxation advice, we can refer you to trusted taxation professionals.
- Voluntary separation incentive (VSI) or special separation benefit (SSB): We will discuss whether this benefit is subject to equitable distribution.
- Survivor benefits plan: In some divorces, provisions are made for former military spouses to receive these benefits.
Contact Shaughnessy Law
Call us at 813-445-8439 or fill out our form if you are a service member or the spouse of a service member experiencing family difficulties in Brandon, Florida, and surrounding areas.