Panama City Military Divorce Lawyer
Handling Complex Military Divorce Cases Throughout Florida
Divorces are complicated enough, but when filing for military divorce, the process can become even more complex. With residency requirements to consider, pensions and benefits to divide, and logistical difficulties to overcome with active duty military members, military divorces require extra care and expertise.
If you are facing the military divorce process, you probably don't even know where to start. At The Virga Law Firm, P.A., our Panama City military divorce lawyers can guide you through the military divorce process so you are always aware of your rights and options.
The limitations and requirements associated with military divorces include the following:
- Alimony or child support orders cannot exceed 60% of the military member's income.
- Under the Service Members Civil Relief Act, military members are protected from divorce proceedings while they are on active duty unless they agree to the divorce.
In addition, your case may also be affected by the Uniformed Services Former Spouse Protection Act (USFSPA). This law makes it possible for a spouse to claim up to half of a retired service member's military pension. Factors such as the duration of the marriage and the duration of the military member's service are taken into consideration. A spouse can also receive other benefits, such as medical care. Our legal team can carefully review the details of your case in order to create a personalized, results-driven strategy for you.
Division of Benefits in Military Divorce Cases
When it comes to property division, military divorce cases are typically more complex than the average civilian divorce. There are certain rules in place that determine how military benefits are divided at divorce: the 20/20/20 rule, the 20/20/15 rule, and the 20/20/10 rule.
The 20/20/20 rule entitles former military spouses to full military benefits, including medical benefits, if the marriage lasted at least 20 years, the service member had at least 20 years of service, and there was at least a 20-year overlap between the marriage and the military service. If the marriage lasted 20 years, the service member had at least 20 years of service, and there was a 15-year overlap between the marriage and the military service, then the former military spouse is entitled to transitional military medical benefits for one year. Finally, if a military spouse was a victim of domestic violence, he or she may be eligible for full military benefits if the marriage lasted 20 years, the service member had at least 20 years of service, and there was a 10-year overlap between the marriage and the military service.
We offer free consultations to military personnel. Request your initial case evaluation with our team today: (850) 257-7086