where can i find an attorney for military retirement divorce law

Outside of these exceptions, however, the law allows courts to divide a servicemember’s disposable retired pay. Attorneys may wish to consult Silent Partner, a lawyer-to-lawyer resource for military legal assistance attorneys and civilian lawyers published by the Military Committee of the American Bar Association’s Family Law Section.

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How can a military lawyer help with my divorce?

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What are my rights to my military retirement if I divorce?

Divorcing a military spouse calls into play all sorts of complex rules. This article helps you understand them and clarifies the answers to such questions as where to file for divorce, whether you can share in your spouse’s military pension, and what happens when alimony or …

When do you need a civilian attorney in the military?

Divorce involving a military spouse can be more complicated than divorce for civilians, an experienced military divorce attorney can help. Use FindLaw to hire a local military divorce lawyer to work with you on issues like community property division, debt allocation, military retirement plan divisions, military benefit divisions, child custody ...

Where do you file for divorce in the military?

The U.S. Supreme Court deemed military retirement pay couldn’t be divided as community property by state divorce courts in 1981 because current federal laws at that time constrained the handling of military retired pay as joint property. In 1982 Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA) that entitled state courts to value disposable retired …

What is a retired military spouse entitled to in a divorce?

What Is a Military Spouse Entitled to in a Divorce? A military spouse may be entitled to military medical benefits (depending on the length of your marriage), spousal support, and child support. In addition, a thrift savings plan (TSP) or military pension may be divided as part of a divorce.Jul 7, 2021

How much of my military retirement is my ex wife entitled to?

50%The maximum amount of pension income an ex-spouse can receive is 50% of the military retirement pay. Once the order is filed with DFAS, it will take three months (90 days) for the direct payments to begin if the ex-spouse is already receiving their pension.

How do I protect my military pension in a divorce?

Under the USFSPA, state divorce courts can award a military pension to the service member or divide it between the spouses. If the pension is awarded entirely to the service member, courts may compensate the spouse for his or her share of the military pension from other marital assets.

How long does an ex-spouse get military retirement?

10 yearsThe 10/10 Rule Following a dissolution of marriage, a former spouse who has at least 10 years of marriage overlapping 10 years of creditable military service may apply for direct payment of the retirement from the Defense Finance & Accounting Service (DFAS).

Can ex wife claim my military pension years after divorce?

No, there is no Federal law that automatically entitles a former spouse to a portion of a member's military retired pay. ... First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.

How long do you have to be married to get half of his military retirement?

However, in order for the Department of Defense to make direct payments of a military member's retired pay to the former spouse, the former spouse must have been married to the military member for a period of at least 10 years, with at least 10 years of the marriage overlapping a period of military service creditable ...

Does a military spouse keep benefits after divorce?

For every other military spouse divorcee, there simply are no military benefits after divorce. Your benefits end the day your divorce is final. However, if you have children together, they will still qualify for military benefits, even if you haven't been married more than 20 years and even if you remarry.

Will I lose my ex husband's retirement if I remarry?

You cannot claim divorced-spouse benefits tied to a living former mate if you are married. If you began drawing such ex-spousal benefits when you were single but then remarry, those payments will be terminated (except as noted below). You are required to report changes in marital status to Social Security.

Do you lose ex husband's pension if I remarry?

As a general rule, High-36 pension payments to former military spouses terminate if the former spouse remarries. ... However, if your ex-wife's second (or subsequent) marriage ends by annulment, divorce, or the death of her new spouse, then her eligibility to receive pension payments may resume.

What is the 10 10 rule in military divorce?

In this case, “10/10” refers to the length of time the couple must be married in order for the ex-spouse to be eligible for this, and the service member must serve a minimum of 10 years of military service to be “eligible” under this rule. 10 years of marriage, 10 years of service = 10/10.

How long can a spouse receive military benefits?

A spouse is entitled to one year of transitional medical benefits under the 20/20/15 rule, which requires at least twenty years of marriage, at least twenty years of military service, and at least fifteen years of overlap of the marriage and the military service. The other circumstance under which you can get an exemption or partial entitlement would be one in which you were divorced from a servicemember whose eligibility to receive retired pay terminated because of domestic abuse.

Can a military spouse take a military ID?

The military card and its associated privileges are granted by the U.S. government, not the servicemember spouse. The servicemember does not have the right to take the ID card away because only the U.S. government has that authority. In some circumstances, the base personnel office may issue an ID card without the servicemember’s direct consent.

Does remarriage terminate military ID?

The remarriage will terminate the military ID privileges. Military regulations are clear that remarriage means that a spouse loses the military ID card and associated privileges (e.g. commissary and base exchange shopping). A remarried spouse should also turn in his or her military ID because it is federal property and the spouse would no longer be the rightful owner.

Can you divide VA pension between spouses?

VA disability compensation is not a part of the military pension, and a court, therefore, cannot divide it between divorcing spouses as it could divide, for example, bank accounts and IRAs. Also exempt from division are Combat-Related Special Compensation (CRSC) and most military disability retired pay. If a servicemember receives any of those types of pay, the former spouse’s portion of the military pension would be reduced. However, a court could award a portion of these types of compensation for child support, alimony, or other types of family support (rather than treat it as a property division between spouses.)

What is the maximum pension amount for USFSPA?

The USFSPA limits pension division awards to fifty percent of the member’s disposable retired pay, but the maximum may be as high as sixty-five percent if there are alimony and/or child support orders against the member as well. There are also certain exceptions in the event of multiple court orders involving different spouses.

How to stop a garnishment?

A garnishment is based upon a court order. The only way to stop a garnishment is to obtain a court order that terminates it. State law determines whether this is possible and under what circumstances a court may step in and stop the garnishment.

Can a court award child support?

However, a court could award a portion of these types of compensation for child support, alimony, or other types of family support (rather than treat it as a property division between spouses.) Outside of these exceptions, however, the law allows courts to divide a servicemember’s disposable retired pay.

Facing Military Divorce?

You’ve come to the right place. Divorce involving a military spouse can be more complicated than divorce for civilians, an experienced military divorce attorney can help.

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What is the most valuable asset in a divorce in Florida?

In most divorces, the marital home or family business is the most valuable asset in the marital estate. The most valuable asset in a Florida military divorce is usually a servicemember’s right to military retired pay.

Does the USFSPA give spouses the right to retire?

The USFSPA does not itself grant any rights to a former spouse regarding the service member’s retired pay. The law instead permits state courts to treat disposable military retired pay as “marital property” and divide it in a divorce action. Disposable retired pay is defined as gross retired pay less authorized deductions.

What is a disposable retired pay?

Disposable retired pay is defined as gross retired pay less authorized deductions. In Florida military divorces, the former spouse’s share of military retired pay determined by calculating the percentage of the military retirement that is properly characterized as “marital.”. For example, if a service member and former spouse where married ...

What is the 10/10 rule?

Significantly, unlike the measurement period for dividing military retired pay, the 10/10 Rule ends on the date of the final judgment, not the date a petition for dissolution of marriage was filed. This allows some parties who are close to reaching the threshold to delay a divorce ...

How to contact a family law attorney in Tampa?

For more information or to. schedule an appointment, Call us today at (813) 254-0156 or simply complete our convenient online form below. We represent clients in family law matters throughout the entire Tampa, Florida metro area. (813) 254-0156.

When does the measurement period end?

The measurement period typically ends with the date of retirement or the date that the petition for dissolution of marriage is filed. Servicembers frequently ask whether they can exclude their spouse from receiving a full share ...

What is legal assistance?

Legal assistance attorneys. Advice on legal issues such as divorce and child custody, income taxes and the Servicemembers Civil Relief Act. Service members and their eligible family members also have access to free legal advice through installation legal assistance offices.

How to ease the pain of divorce?

A good first step is to contact your legal assistance office to get a better understanding of your situation. You have access to free legal assistance whether you live in the U.S. or overseas.

Can a military lawyer represent you in divorce?

A military attorney cannot represent you or your spouse in a family law court but can refer you to a nongovernment civilian lawyer.

What is the Civil Relief Act?

The Servicemembers Civil Relief Act helps protect service members’ legal rights when they are on active duty. Typically, when one spouse serves divorce papers on the other, the latter has to respond within a certain time period. However, under the SCRA:

Can divorce affect taxes?

You can also talk to a Military OneSource MilTax consultant for free to see how divorce may affect your taxes.

What is the military onesource number?

For immediate assistance or to access confidential help, call the Military OneSource toll free number at 800-342-9647. You can also contact us if you have any questions. Submit.

Does the military have family support?

Every branch of the military has its own regulations concerning family support. These military regulations operate in the absence of an agreement or court order. Many practitioners do not even think of contacting the servicemember's chain of command to enforce a support obligation under the military regulations.

Is the 9-11 GI Bill subject to equitable distribution?

Numerous federal cases have held that, under the doctrine of federal preemption, state courts do not have jurisdiction to divide federal benefits unless a federal statute grants that authority. Congress also enacted a statute expressly stating that the Post 9-11 GI Bill is not subject to equitable distribution.

What Is at Stake?

• Military retirement benefits are an important asset. Military servicemembers can accrue a significant amount of retirement benefits more quickly than is often possible in the civilian context. Furthermore, military pensions are administrated through the Defense Finance and Accounting Service(DFAS.) While a court order dividing pension benefits is nearly always enoug…

See more on findlaw.com

The Uniformed Services Former Spouses' Protection Act

Defense Finance and Accounting Service Procedure

Learn More About Military Divorce and Retirement Pay