The Challenges Associated With Military Divorce
Divorce will always be one of the most challenging things you will ever go through. When you are a military family, the process is even more complex, as there are many unique aspects of military divorce that civilians do not often realize. Whether you are a service member or your spouse is, it is critical to speak to an Orlando divorce lawyer who knows the most challenging aspects of these cases, and how to overcome them. Below, our seasoned attorney outlines some of the main unique aspects of military divorce.
Determining Where to File
In most Florida divorce cases, the spouse filing must have lived in the state for at least six months. This is not the case in military divorce cases. The law allows members of the military to file in the state in which they reside, the state they are based in, or another state where they own property.
Most commonly, military divorces are filed in the state where the service member and their family have the most connections. For example, if you and your family live in the Sunshine State and you own a home here, it may make more sense to file here rather than in the state where you are currently based.
Division of Retirement Funds
Military spouses can generally only receive a portion of their spouse’s retirement benefits provided by the military if the marriage lasted for at least ten years, and the service member was active during those years. Even if you do not meet this requirement, you may still be awarded a portion of your spouse’s retirement funds, or you and your spouse can agree to an amount. The length of your marriage will again be considered to determine if the spouse is eligible.
Continued Health Benefits
If your spouse is in the military, your children still have a legal right to receive health benefits, including ocular and dental insurance at no additional cost. If you have decided to get a divorce, you should know that you have the right to ask for this coverage for your children. If a member of the military served 20 or more years, health benefits are lifelong.
On average, members of the military are relocated every four to seven years. Service members do not choose where they go, and this can complicate matters when the military member wants to file for divorce. It is important to remember considerations such as long distance time sharing and more when negotiating this issue.
Call Our Divorce Lawyer in Orlando for Help with Your Complex Case
Any divorce case has the potential to become complicated, but those involving members of the military are naturally complex from the outset. At Anderson & Ferrin, P.A., our Orlando divorce lawyer can help you sort out the issues military divorces present so you achieve the best possible outcome. Call us now at 407-412-7041 or reach out to us online to schedule a free review of your case and to learn more about how we can help.