When one or both spouses are in the military, divorce is a bit more complex than for civilians. There are different rules on where to file, how to calculate spousal support, how to determine child custody and the handling of health insurance and pensions. Turn to Schweitzer-Ramras & Diaz for help in a military divorce. They’re experienced in military divorce and can help guide you through its process.
Attorney Madelin Diaz P.A. : Divorce in the Trenches
In most cases, the divorce must be filed in the state where the military spouse is a resident or domiciled. Although spousal and child support are controlled by individual states, there are sanctions for enforcing support orders and modifying support agreements. Child custody is always a challenge due to unexpected deployment and frequent moves. Attorney Madelin Diaz is the South Florida military divorce attorney who can help you manage these challenges.
Due to this, it’s practical to develop alternate parenting plans for different possibilities. For example, if a service member is at a base that’s close to the children’s home, a plan can be in place that’s consistent with expected free time for that parent.
Pension Rights and Other Benefits
While different than the private sector, the military is also an employer. Those in the military receive medical, life insurance and pension benefits. All of these benefits are subject to your spouse in the event of a divorce. The division is subject to state law.
However, in order for a military pension division order to be issued, the non-military spouse must meet the 10/10/10 rule. This means that parties must have been married for a minimum of 10 years, and 10 years of marriage must have overlapped 10 years of military service.
The Importance of Legal Help with Military Divorce
Unless you have very limited assets or have been a military member for just a short time, you shouldn’t negotiate your divorce settlement on your own. To ensure everything is done right and you’re not taken advantage of, get sound legal advice from Schweitzer-Ramras & Diaz