Military Divorce
Military families face unique stressors as a result of the service member’s duty and obligations. Unlike a strictly civilian divorce situation, where typically only Florida state laws apply, a military divorce implicates both state and federal laws. The federal government has passed legislation regarding divorces involving military personnel. For example, federal law covers when a military divorce proceeding may take place, how and when it may be postponed, and how a member of the military on active duty may be served. Additionally, state law in Florida provides unique residency requirements for military families.
Here at The Thorpe Law Firm, P.A., we pride ourselves in serving military families. We will treat you and your family with the respect and dignity you deserve while ensuring that your interests are protected.
Property Division and Military Retirement Benefits
Division of property in a military divorce, like all dissolutions of marriage in Florida, is based upon the principle of equitable distribution of the marital assets. However, cases quickly become complicated when there is inherited property, one spouse or the other brought significant assets into the marriage, or the spouses have complex estates or debts. Also, military divorces may impact military retirement benefits, a concept governed by the Uniformed Services Former Spouses' Protection Act. Our mission at The Thorpe Law Firm, P.A., is to protect your rights, evaluate the assets of your estate, and determine whether and how retirement benefits will allocated. The goal is to ensure that you are awarded the property you are entitled to receive.
Child Support and Alimony in Military Divorces.
The primary factor in determining child support in Florida is the best interests of the child under very specific statutory guidelines. On the other hand, alimony in Florida is based on a several factors, including:
- The standard of living during marriage
- The duration of the marriage
- The age, physical and emotional condition of each party
- The financial resources of each party, including marital and non-marital assets
- The liabilities of the parties and how they are distributed
- The time necessary to acquire education or training for appropriate employment, and
- The contribution of each party to the marriage, including homemaking and child care.
In the case of a military divorce involving these issues, the court will make special findings as to the service member's pay and allowances. We will help you assess your current financial situation and aggressively pursue your rights in a military divorce settlement or court order.
