Florida Military Divorce Laws

When military couples divorce, they often have to deal with issues that a civilian couple wouldn’t face. Time-sharing, for instance, can become more complicated when an enlisted spouse is ordered to relocate. Military couples may also be subject to different rules regarding jurisdiction and finances. As such, if you and your spouse are planning to divorce and one or both of you are in the military, it’s important to seek advice from a seasoned family law attorney who has experience with military divorce laws.

Jurisdiction

Before filing for divorce, you’ll need to know which court can exercise jurisdiction over the matter. When a civilian couple is divorcing, a Florida court will generally have jurisdiction only if one or both spouses lived in the state for at least six months before filing. When a military couple divorces, on the other hand, Florida courts can also exercise jurisdiction if one or both spouses are stationed in Florida, even if they haven’t resided there for six months.

Finances

When a civilian couple divorces, alimony and child support awards are largely based on each spouse’s respective income. As military families know, however, military members are often paid more when they are deployed. If someone is regularly deployed, the court will likely take his or her higher income level into account. But, if deployment isn’t a regular occurrence, the higher rate of pay that someone earned during a prior deployment probably won’t be considered going forward.

There are also certain rules to keep in mind regarding the division of military retirement benefits. For example, a military member’s spouse is generally entitled to receive retirement payments directly from the government only if their marriage overlapped the military service by at least 10 years. So, if you and your spouse have been married for 20 years but he or she was in the military for only eight of those years, then you would not be eligible for payments directly from the government (although the court could still order your spouse to pay you a portion of his or her retirement benefits).

Knowledgeable Family Law Attorneys Serving the Tampa Bay Area

If you need a family law attorney who is experienced with Florida’s military divorce laws, you can feel confident turning to the Law Offices of Audrey A. Jefferis, P.A. We’re based in New Port Richey and we represent clients throughout the Tampa Bay area, including those in Pasco, Pinellas, Hillsborough, and Hernando Counties. Contact us today to set up a consultation.