Being in the military requires considerable sacrifice and can often wear on spousal relationships. Divorce for military members isn’t uncommon, but there are some legal considerations that set a military divorce apart from civilian divorce. Although the overall process is the same (separating assets and debts, arranging child support and custody, considering spousal support), military divorces are regulated by certain federal and state mandates. The purpose of these mandates is to protect service members from any potential disadvantages due to their status as active-duty military.
Military divorce laws can be complex, and you should have your interests represented by an attorney who fully understands them and can protect your interests and safeguard everything you’ve sacrificed so much for. At The McKinney Law Group, we often handle military divorces, representing those who have sacrificed so much and helping you face the future with confidence. Contact us today to speak with a Tampa, FL, military divorce lawyer.
Advice From A Tampa Military Divorce Lawyer For Military-Specific Issues
Our family law attorneys have extensive experience working through the federal regulations governing divorce for active-duty service members. We know that you may have to address other legal matters beyond those that divorcing civilians must, and we are ready to guide you through the process, from initial filing or responding to the filing to negotiating ass advantageous of a settlement as possible on your behalf.
As your legal advocate, we can explain the process, how it unfolds, and address considerations that can impact your military divorce, including:
- Post 9-11 GI Bill Education benefits
- Military retirement plans
- Survivor benefit plans
- Thrift savings plan division
- Powers of attorney
- The Service Members’ Civil Relief Act
We also consider your fair share of marital assets and strive for maximum visitation and parenting time with any shared children if you are on active duty.
Differences Between Military And Civilian Divorce
One of the primary differences between a military and civilian divorce is the manner in which the petition is filed. Civilian divorces begin with one spouse filing a petition to divorce, followed by the in-person service of the papers to the other spouse. However, in-person service of divorce papers is the only option in military divorces, which can delay the process if one spouse (or both) is deployed. The only exception is if the deployed spouse signs a waiver of service, and that’s only applicable in non-contested divorces.
Military members have an extended time period to respond to the divorce petition under the Service Members Civil Relief Act (SCRA), granting them a stay of up to 90 days after their return from active duty as long as they notify the court. The SCRA also protects military members from default judgments while they are on active duty, although the service member may waive the SCRA protections if they want the divorce to proceed quickly, and there aren’t many issues in contention.
We’ll help ensure that you’re fully protected under the law, beginning with serving papers. We can also help you navigate the contentious issues that many divorcing spouses face. As your Tampa military divorce lawyer, our only focus is protecting you and your interests so that you can face a brighter future. Contact The McKinney Law Group today to get started.
The Role Of Military Spouse Benefits In Divorce
Choosing to file for divorce is emotionally challenging and complex for any couple, however, certain unique factors will come into play when one or both parties are connected to the military. One significant area to address involves military spouse benefits, which can include pensions, healthcare access, and other service-related advantages. These benefits, earned during a service member’s career, often represent a substantial part of the marital estate, requiring careful consideration during property division. Understanding how these benefits are treated under federal and state law can be key to reaching a fair resolution. For individuals seeking guidance, a Tampa, FL military divorce lawyer can help clarify these matters.
Legal Framework Governing Military Benefits
Military benefits are subject to specific rules that differ from those governing civilian assets. Our domestic relations lawyer shares that The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that gives states the authority to divide military pensions in divorce proceedings. However, how this division is carried out varies depending on the laws of the state where the divorce is filed.
In addition to pensions, benefits such as Tricare healthcare and commissary privileges are governed by specific eligibility requirements. For instance, the 20/20/20 rule determines whether a former spouse retains access to these benefits after divorce. This rule applies when the service member has at least 20 years of creditable service, the marriage lasted at least 20 years, and there was a 20-year overlap between the service and the marriage.
Addressing Military Benefits In Divorce Settlements
Dividing military benefits requires a clear understanding of both federal and state laws. Courts typically consider the duration of the marriage and the overlap with military service when determining how to divide pensions or whether spousal support is appropriate. Legal representation from a divorce lawyer is critical in these situations to protect both parties’ rights.
Precise calculations and attention to detail are necessary when determining the exact value of a military pension and how it will be paid out over time. In Florida, state law also influences how military pensions and other benefits are divided. Consulting a Tampa military divorce lawyer can help couples evaluate their options and determine a fair division that respects both parties’ contributions to the marriage.
Ensuring A Smooth Transition For Both Parties
In addition to financial considerations, military divorces often involve practical challenges, such as relocation or maintaining parental responsibilities across long distances. Crafting an agreement that accounts for these challenges can reduce potential disputes down the line. Open communication and a shared focus on fairness are crucial for creating a settlement that addresses all aspects of the couple’s life together.
Aligning Your Priorities After Divorce
When filing for divorce, there are often additional layers of legal and emotional consideration when there is a divorce proceeding that involves military spouse benefits. As we help clients work through these challenges, our focus remains on ensuring both parties can transition to their next chapter with clarity and stability. Whether it’s dividing a military pension, managing Tricare access, or resolving other military-related matters, the right guidance makes a difference. For couples facing these decisions, our Tampa military divorce lawyer is here to support you every step of the way. Our firm provides a civil, principled approach to family law, with offices located in Florida and North Carolina.
Family law lawyers like those at The McKinney Law Group can assist you with managing the complexities of military divorces. If you’re ready to discuss how military spouse benefits apply to your divorce, we encourage you to contact us today for a complimentary consultation.