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Legal News
Florida Military Divorce Series Part 2: Pensions & Other Benefits
While many of the processes and rules for military divorce are the same as in a civilian divorce, there are also some key differences, particularly concerning military pensions and benefits.
Pensions Are Marital Assets
One of the most important benefits available to service members is a military pension, which begins to accrue at enlistment. Pensions are a marital asset and spouses may be entitled to a share of those pension benefits in a divorce.
Other Key Benefits
Service members are also entitled to many other benefits that will come into play in a military divorce and must be considered in divorce proceedings:
- Service members can participate in a defined contribution plan, which is more commonly called a Thrift Savings Plan or TSP and is similar to a 401k.
- In addition to retirement plans, service members and their families receive Tricare benefits. Tricare is the U.S. military health care program that functions as a government-managed health insurance.
- Service members have access to the GI Bill to help pay for higher education for themselves or immediate family members after a meeting a required number of years of military service.
- Depending on the military branch, members and their families are eligible to fly free on military transport planes.
- Service members are eligible to shop at a base commissary where they and their families can buy discounted groceries and other items tax-free.
- Service members are sometimes eligible for enhanced civil pensions after they separate from the military and accept jobs in the private sector.
The Uniformed Services Former Spouses’ Protection Act
As noted in Florida Military Divorce Series – Part 1, the laws in the state in which you file will play at least a partial role in how benefits are handled in a military divorce, as will the Uniformed Services Former Spouses’ Protection Act (USFSPA). Under the USFSPA, former spouses don’t automatically qualify for a portion of the service member’s retirement pay—they must meet certain requirements first.
Leave and Earnings Statement
The military Leave and Earnings Statement is a good place to start in trying to determine what benefits may be available when divorcing a service member. Family Attorney Tanya O’Connor is experienced in military divorce cases and can advise you on all your options, including, if both parties agree, working out a private settlement where benefits and other assets are weighed in terms of short and long term value and negotiated for the best outcome.
Attorney O’Connor is experienced with Florida military divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
Call to schedule a military divorce consultation today 813-413-8777
2022 Learn Your Legal Rights Workshop
Have questions about your legal rights? Come join the George Edgecomb Bar Association on Saturday, May 21 at Allen Temple African Methodist Episcopal Church from 9:00AM – 12:00PM (more details below). Attorneys will be available to provide free legal advice to attendees in various areas of law including:
• Appeals
• Bankruptcy
• Criminal Defense
• Employment Discrimination
• Fair Housing
• Family/Child Support/Divorce
• Immigration
• Landlord/Tenant
• Personal Injury
• Probate
• Sealing And Expunging Records
• Small Claims/Debt Collection
Breakfast will be provided. No pre-qualifying is necessary. We do recommend pre-registration for this event. For more information, email us at gebaannouncements@admin
Florida Military Divorce Series Part 1: Choosing Where to File
My Spouse and I Reside in Different States
A common scenario in military divorce cases is for one spouse to have a duty station in one state, while the other spouse is living in another state. Depending on the “residency requirements”, you can choose to file in the state in which you are located or the state in which your spouse is located. This matters because divorce laws vary from state to state on things such as asset and debt division, alimony, child custody and child support. In short, it’s important to consider how each state’s varying laws will affect the outcome of your case and choose accordingly.
Do You Have Children?
In cases involving children, the default state to address any custody dispute or determination will be the children’s “home state”, i.e., where the children have resided for six months prior to filing.
Which State is Most Favorable?
In cases that do not require a custody determination, you should obviously choose the state that will be most favorable for your desired outcome. For example, one state may be more favorable for spousal support (Florida lawmakers recently abolished permanent alimony), while in the other state, the division of assets and debt may favor one spouse over the other. You will have to decide on where to file based upon such considerations. Your attorney will provide you with the relevant facts to aid in your decision.
The Greatest Overall Benefit
We do encourage clients to start by considering the jurisdiction with laws beneficial to the overall outcome. During a cooperative and collaborative divorce process, the parties work to agree on all matters. This includes determining which jurisdiction will yield the greatest overall benefit. It should also be noted that Florida is a no-fault state, which does not require a waiting period or cause as to why one or both parties believe the marriage is broken beyond repair.
Working with an attorney who is experienced with the intricacies of military divorce in Florida, as well as other states, will considerably increase your chances of getting a desirable outcome that is tailored for your unique circumstances.
Attorney O’Connor is experienced with Florida military divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
Call to schedule a military divorce consultation today 813-413-8777
‘Tis the Season!
Brandon Law would like to wish you and yours joyous, safe and happy holidays and a bright and healthy new year!
Masks Required in all Hillsborough County Businesses
The Hillsborough County Emergency Policy Group voted to require the wearing of face coverings, with certain exceptions, inside businesses that are open to the public and where employees and customers aren’t able to maintain social distancing after hearing presentations from several public health officials, medical doctors, and hospital leaders.
The order is effective immediately, with the exception of the enforcement provisions which go into effect at 5 p.m. on Wednesday, June 24, 2020.
Please be aware, as a business owner/operator, you are responsible to ensure your employees and customers are following this new requirement.
The new executive order requires that all persons within any indoor location of a business that is open to the public in Hillsborough County shall be required to wear a face covering when not maintaining social distancing from other people, excluding family members or others residing in their home. “Business” means any business entity that provides goods or services directly to the public. Business operators will be responsible for ensuring compliance.
The order provides exceptions for:
[Read more…] about Masks Required in all Hillsborough County Businesses
