Experience Matters When It Comes To Divorce Involving U.S. Military Service Members
The divorce process can leave you feeling overwhelmed with emotion. Further complications can arise when you or your spouse is a member of the military.
Matters with special relevance to the military, including being deployed to another country, transferring to an out-of-state military base, military compensation packages and pension plans, can make the divorce process more difficult for military members.
Handling All Aspects Of A Military Divorce
With many years of experience, our attorneys at Pacheco Perez P.A. have experience resolving these issues for those in Miami and throughout South Florida. We often handle military divorce issues that include:
- Complex property division
- Parental relocation petitions
- Spousal support and alimony
- Child custody and support and timesharing, formerly known as visitation
- Division of military pensions and related retirement benefits
- Health care benefits
Legal Protections For Service Members During Divorce
Military families face unique pressures during the divorce process, which is why several federal laws offer important protections. One of the most significant is the Servicemembers Civil Relief Act (SCRA). This act shields active-duty service members from being placed at a legal disadvantage when they cannot participate fully in court proceedings due to military duties. Under the SCRA, a service member may request temporary delays in court actions, including divorce hearings, child custody matters and support proceedings. This safeguard prevents default judgments and allows the service member the time needed to respond meaningfully once duty obligations ease. These protections help preserve fairness while accounting for the unpredictable demands of military service.
The SCRA may also affect timelines for responding to petitions, participating in discovery or attending hearings. When used properly, the act provides breathing room that can reduce stress and avoid rushed or unfair outcomes. Our attorneys understand how to navigate these protections so the case proceeds lawfully and with respect for both parties’ rights.
Understanding Asset Division Under The USFSPA
Another key law affecting military divorces is the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal statute governs how military retirement benefits are handled when a marriage ends. Unlike civilian pensions, military retired pay is governed partly by federal rules, and the USFSPA allows state courts to treat military retirement benefits as divisible marital property. This means that, depending on the length of the marriage and the overlapping years of service, a former spouse may be entitled to receive a portion of the service member’s retirement pay.
The USFSPA also outlines eligibility standards for direct payment from the Defense Finance Accounting Service (DFAS). For example, the “10/10 rule” requires at least 10 years of marriage that overlap with 10 years of military service for DFAS to issue payments directly. Even when a couple does not meet the 10/10 requirement, a court may still divide military retired pay; the difference lies only in how payments must be made. These rules can also affect health care coverage, commissary access and other benefits tied to long-term service.
Candid Advice
Our goal in every instance is to offer straightforward guidance for each and every circumstance.
Our lawyers try to help couples resolve matters without getting the court involved. It often saves time, stress and money for our clients. However, we are prepared to litigate if it’s in your best interests.
Find out more about us and how we can help. Call or send us an email today.
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