Property Division and Military Retirement Benefits
As in all Florida divorce cases, property division in a military divorce is based on the equitable distribution of marital assets. Unfortunately, cases are not so easily decided when couples have been separated for an extended period of time, face a disability, or have complex estates or debts.
Military divorces may also include division of military retirement benefits, which is governed both by state law and the Uniformed Services Former Spouses' Protection Act. In many cases, a servicemember's disability or potential disability adds another layer of complexity to the matter.
We can protect your rights, evaluate the assets of your estate, and determine whether and how retirement benefits will allocated. We will ensure that you are awarded the property you are entitled to receive.
Child Support and Alimony in Military Divorces
Military servicemembers have an obligation to support their families. For most service branches, this obligation is imposed by military regulations. The military regulations typically apply only in the absence of a court order or agreement.
Under Florida law, child support is based on the best interests of the child as well as statutory guidelines, while alimony is based on a several factors, including the (i) standard of living during marriage, (ii) duration of marriage, (iii) age, physical and emotional condition of each party, (iv) financial resources of each party, including marital and non-marital assets, (v) liabilities and how they are distributed, (vi) time necessary to acquire education or training for appropriate employment, (vii) tax implications, and (viii) contribution of each party to the marriage, including homemaking and child care.
Our military divorce attorneys are experienced in advocating for our clients in all types of cases where support is at issue.
In military divorce cases, a court must make findings as to a military member's pay and allowances. We will help you assess your current financial situation and aggressively pursue your rights in a military divorce settlement or court order.
Learn More about Military Divorce
We maintain a blog where our military divorce lawyers actively post information concerning military divorce and developments in the law affecting military divorce cases.
Please also check out our site devoted to military divorce:
Contact Us To Protect Your Legal Rights
Contact Mockler Dorsett, P.A. to speak directly with an attorney who is an experienced advocate in military divorce in Tampa, Florida, regarding the details of your case.
Additionally, we also offer military divorce mediation services.
Credit cards accepted • Easily accessible • Call (813) 331-5699 for a consultation or case evaluation.
Please also feel free to schedule a visit to our office, which is conveniently located 600 N. Willow Ave., Suite 101, Tampa, FL 33606.
Military Divorce Proceedings and Jurisdiction Matters in Florida
While dissolution of marriage is generally governed by state law, the federal government has enacted legislation that applies to divorces involving military servicemen and servicewomen.
Among other things, federal law governs when a military divorce proceeding may take place, under what circumstances it may be postponed, what benefits are assets subject to distribution, how military retired pay will be divided, and how an active duty member of the military may be served.
In addition, Florida law provides unique residency requirements for military families. Our experienced military divorce attorneys pride themselves in serving military families.
The stress caused by the unique contributions of military families often takes its toll.
A military divorce has distinct issues that combine state and federal law, and you want to ensure that your rights are protected.
As a former U.S. Marine, Richard J. Mockler understands the special circumstances of military families.
Our Firm will treat you and your family with the respect and dignity you deserve while ensuring that your interests are protected.
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