Wading the Waters of Military Divorce in Florida
If you’re going through a divorce and you’re worried about losing your spousal military benefits, you’re not alone. A divorce attorney plays many roles, and a complex situation involving military benefits might feel incredibly intimidating without support.
How can a military divorce attorney help my case?
Legal assistance is for everyone, and we mean everyone. Whether you’ve served your country or supported someone who did, representation is crucial. Many of the fine details and decisions will be determined by jurisdiction.
What can military spouse divorcees expect?
After divorce, the spouses of service members are no longer entitled to base housing, medical care, commissary privileges, housing, allowances, or post-exchange privileges.
For example, the post 9/11 GI bill is different from other assets, and as your lawyer helps build your case, you can discuss with your soon-to-be former spouse what transference of the GI benefits may look like (i.e, being transferred to the spouse or child). Housing, healthcare, and retirement all depend on a similar series of residency, time served, and marital longevity.
Why is having an unbiased advocate important?
Having a designated advocate throughout the litigation process is par for the course, especially when the road becomes rockier than anticipated. An experienced attorney works to identify an equitable scenario in which you receive financial protection and the protection of your rights.
Your lawyer is well versed in all things military law, and they will be able to represent your needs while presenting objective information in a succinct and clear manner to the courts.
Military divorce rate and its impact on the family unit
While the military divorce rate is relatively low, it still affects thousands of people and their families across the globe.
Can an amicable divorce make a difference?
An amicable divorce is essential for all parties and extensions of the family unit. From your children to your in-laws, everyone is affected by the domino effect of divorce. Agreeing on specific settlement points is actually more beneficial to everyone involved in the long run, because the longer you choose to avoid an agreement, the more you’re racking up in legal fees.
One of the many reasons that people connect with a law firm when going through a military divorce is to be empowered in navigating the situation as amicably as possible. An attorney can provide clear, unbiased information while preserving and protecting each party’s autonomy in the process.
Collaborative Divorces can be a good option for military families dealing with unique circumstances while trying to keep costs down and keep things civil.
What can a military divorce lawyer add to your case?
A military divorce lawyer is an integral part of advocating for a wide range of benefits including spousal benefits and alimony, child care, health care, and everything else that the light touches.
Having support outside of your immediate and extended family means having a resource available to you who specializes in the situation you’re going through. No one could understand the ins and outs of this process better than your lawyer.
Other important things to consider about military divorce
It’s not easy. And there’s not a point where you’re going to feel “good” about this type of scenario. But having an extra set of eyes, ears, and the seasoned brain of an excellent attorney is helpful.
How long do you have to have been married to receive benefits?
The first instance is the 20/20/20 Rule, and if former spouses meet these criteria, the service member's former spouse is entitled to full military benefits. In order to qualify for the 20/20/20 rule, you must have either been married for a minimum of 20 years, or have 20 years of creditable service under your belt as a service member. Additionally, 20 years of overlap between the marriage and military service must have occurred.
The other situation you may find yourself in is the 20/20/15 rule. If these criteria are met, the service member's former spouse receives one year of medical coverage, with no other benefits. In order to qualify for the 20/20/15 rule, your marriage must have lasted for at least 20 years, and 20 years of creditable service must be met by the service member. Additionally, 15 years of overlap between the marriage and military service must have occurred.
When are you eligible for benefits
Going through any kind of separation is an enormously difficult process for you and your family. Depending on the length of your marriage, you may receive payments to help with relocation, health care, and other benefits.
Connect with Busciglio, Sheridan & Schoeb
At Busciglio, Sheridan & Schoeb, we also recognize how hard it is to bounce back from the trials and tribulations of divorce. We are proud to represent families who are experiencing all levels of grief, and we’d consider it a privilege to serve on your team.