Divorce is a difficult time for families and while Florida law is the same when it comes to members of the military, some unique issues come up in military divorces. Factors to consider in military divorce cases include:
In a military divorce, the timeline for responding to a pleading is important. Whether or not the person could be found at fault for not responding to a pleading is distinct in these situations.
2) Residency Requirements
With members of the armed services, it is important to note residency requirements. In military divorces, the state where the spouse filing the divorce can have jurisdiction, the state where the member of the armed services claims residency can have jurisdiction, or the state where the member of the armed services was deployed can have jurisdiction. This is unique in determining which court is taking jurisdiction in these situations.
3) Division of Military Benefits
Members of the armed services have unique benefits that in most divorce cases, needs to be divided up between the parties. Benefits that could be divided includes:
- Thrift Savings Plan ~ military equivalent to a 401K
- Military pension
- Survivor benefit
- Tricare ~ health insurance benefits for the parties
- VA or disabilities
When calculating child support and alimony, it is important to determine the military member’s income. If you have watched Josh Sheridan’s previous videos on child support and alimony, you know that with child support, the formula takes into account income. Members of the military receive a housing allowance and a food allowance or a BAH, and a BAS which can be included in their income to determine how much they are making. Alimony can be determined as far as their ability to pay. An example is drill pay in some circumstances. Members of reserves get drill pay when they have to participate in monthly drills, which can be included in their gross income.
Oftentimes in military divorces, one or both of the parties must relocate because they are residing in two different states. In these cases, there are time-sharing plans in two different states. For example, if the primary residence is in Florida, and the father gets deployed to California, how we divide time-sharing is dependent on the two different plans.
These are all factors to consider when researching the best attorney for solving these issues. The attorneys at Busciglio Sheridan & Schoeb are experienced in representing members of the armed services in military divorce cases and will be happy to answer any questions you may have regarding this family law matter. Give us a call at (813) 225-2695 for more information on how we can be Your Partners in Law.