I Am In The Military And Am Most Likely Getting A Divorce In Pasco County, Florida - Are There Special Divorce Laws That Apply To Members Of The Military?
Yes, there are special rules that apply to members of the armed services who are getting divorced.
First, in order to file for divorce in Florida, either you or your spouse must be a resident of Florida for at least six months prior to filing for divorce, or you must be stationed in Florida. The grounds for filing a military divorce in Florida are the same as for a civilian divorce.
There are some special rules that have been established in order to protect active duty military members from being held in default for failing to respond to a divorce action. Under the Soldiers and Sailors Civil Relief Act, a divorce proceeding can be postponed for the whole time a service member is on duty, as well as for 60 days afterwards.
However, if the military member wishes to go ahead with the divorce, this requirement can be waived. Most assets from a military divorce are divided in accordance with Florida divorce law. However, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act, which sets forth how military retirement benefits are divided in the event of a divorce.
In order for a spouse to receive part of a military retirement, the spouse must have been married 10 years or longer while the service member was on active military duty.
Finally, in determining child support and alimony, the normal guidelines are used, but child support and alimony can’t exceed 60 percent of a military member’s pay and allowances.
Divorce is almost never easy, but it can be particularly difficult for active members of the armed services because of the special issues military personnel may encounter.