What Is The Difference Between Regular And Military Divorce In Florida?
As an active member of the military or retired in service, you know your status makes many of life’s events and experiences different. Divorce is one area where there are special laws for the military, which take into account the unique circumstances. For instance, Florida’s residency requirement for divorce is 6 months, but members of the military are afforded some flexibility with filing. You might opt for another state if you are looking for more favorable timing.
However, there are many other ways that regular and military divorce are different. These are factors you need to know if you are a military member, retired, or the spouse of someone in active duty or retired. To ensure protection of your rights, it is essential to retain a Greater Orlando military divorce lawyer to represent you. You can also check out some general information about how these cases work.
Military Retirement: A military spouse can receive a portion of the retirement of a member of the military directly from the military, but there are two key criteria:
- The marriage must have lasted at least 10 years;
- The marriage must have been in effect for no less than 10 years during the military member’s time of service.
For example, a spouse may not have a right to retirement benefits if the marriage lasted 10 years, but the military member was only in the military for 5 years.
Thrift Savings Plan (TSP): A TSP is similar to a 401(k) plan, so it can grow to be quite sizable over the years. The account should be divided according to the laws of equitable distribution, which focus on making a fair division between the spouses. Another consideration with TSPs is how they affect alimony and child support. The money in the account should be considered as income to the member of the military for these purposes.
Health Insurance for Children: The US military offers excellent health insurance for members of the military and their children, including medical care, vision, and dental care. Therefore, if you are ending your marriage, the military spouse should carry health insurance for minor children when determining child support.
There may also be health insurance benefits for military ex-spouses, but the details vary depending on several factors.
- If you were married for 20 years, the military spouse served for 20 years, and there was 20 years of overlap, the spouse could receive full coverage.
- If you were married for 15 to 19 years and meet the other criteria, the spouse could receive some benefits for a designated period of time.
Consult with a Central Florida Military Divorce Attorney About Your Case
Now that you know the differences between them, you realize how important it is to retain counsel that has specific experience with military divorce in Florida. At Greater Orlando Family Law, our team is knowledgeable about the laws and prepared to handle the challenges. We will protect your interests as a member of the military or spouse, so please call 407-377-6399 or visit our website. We can schedule a consultation to discuss details.