Jacksonville Divorce and Family Law Lawyers
Military Divorce
Divorce can be overwhelming, but when you or your spouse is a member of,
or retired from the military, you face issues that are not found in non-military
divorces. You need an attorney who fully understands these military issues,
including the components of military pay and the Uniformed Services Former
Spouses’ Protection Act (USFSPA). As a retired Naval Aviator with
24 years, Bill Lally understands what you are going through and has the
knowledge to guide you through your divorce while protecting your interests
and your future.
In a military divorce the most valuable marital asset may be the military
pension of one spouse. Federal law authorizes individual states to treat
military pensions as marital assets and to divide them under state law.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) also
allows some former spouses to retain commissary and exchange privileges,
military health care, and designation as a Survivor Benefit Plan (SBP)
beneficiary.
The “10 Year Rule” is one of the most commonly misunderstood
concepts in a military divorce. A party will often come into our office
with the belief that he or she must have been married to the service member
for at least ten years before they are entitled to a share of the military
pension. This is not true. In reality, the “Ten Year Rule”
has nothing to do with whether or not a spouse is entitled to a portion
of the pension or how much he or she may be entitled to. Under Florida
law, a spouse does not need to have been married to the service member
for ten years to be entitled to a portion of the retired pay. What the
“10 Year Rule” does provide for is the method by which the
former spouse will receive his or her share. Under certain circumstances,
the former spouse can receive his or her share directly from the service
member’s retired pay, while in other cases the share must be paid
to the former spouse by the service member.
Another trap for the inexperienced may be the benefits provided by the
Survivor Benefit Plan (SBP). SBP is an annuity that allows retired service
members to provide continued income to a named beneficiary in the event
of the retiree’s death. When a married service member retires, he
or she is automatically enrolled in the SBP with the spouse as a beneficiary
unless affirmative action is taken to modify SBP. Even if your final judgment
requires the service member to provide SBP coverage, you still need to
make a “deemed election” request and there are specific deadlines
for doing so. In addition, many unwary spouses have permanently signed
away their rights to SBP without understanding the full consequences or
even realizing what they were signing. Without the help of an attorney
experienced in military issues, you may lose the protection provided by
the SBP forever.
|