Category Archives: Military Divorce

For the most part, a divorce is a divorce no matter what a person's occupation is. When it is a military divorce involving military benefits, however, there are a few factors involved that do not apply in a civilian divorce.

In a recent decision from the Supreme Court, it was stated that a state cannot increase the amount that a former spouse gets from a veteran's military retirement pay in certain circumstances. This cannot be done in order to make up for any loss of benefits that the spouse may experience, if that loss is because the veteran filed a waiver to receive disability pay.

For those who are in the military, divorce may seem like a complicated process. What are the service member rights for those going through a divorce? Where does one even file for a military divorce? For the thousands of military personnel in Florida, these questions may be all too valid.

A new law could affect the way child custody cases are handled. Although the idea was made a law in another state, House Bill 492 could change the way other states, including Florida, handle custody and divorce. This law does away with primary custody and creates a new way to parent known as shared custody.

The U.S. Supreme Court is due to hear oral arguments in a case in which a divorced couple are in a dispute over the husband's retirement pay. The two divorced in 1991, but the issue over the man's military benefits just became relevant after his retirement.

As part of their service, military members are required to receive notice of the SCRA and its protections. Many service members do not understand the specific SCRA protections or that it covers certain elements of family law proceedings.

Military divorce is, in many ways, similar to civilian divorce. There are important issues to be resolved surrounding child custody, alimony/spousal support and property division just as in any other divorce.