Not if the parties can reach an agreement as to all issues. In that particular case, the agreement would be reduced to writing, signed by the parties, and the document would be filed with the clerk of court. Subsequently, a final judgment would be submitted to the judge for approval. Any issues that are not…
In the state of Florida, there’s a 180 day requirement for residency prior to the date of filing in order to confer subject matter jurisdiction. In order to confer a personal jurisdiction over the other spouse, the action must be filed where that spouse is presently residing or where the parties last lived as husband…
That is the Uniform Servicemembers Former Spouse Protection Act which authorizes state courts to divide military retirement benefits in a divorce proceeding. The Act caps the recipient spouse’s benefits at 50% of disposable earnings. The Act also provides for the manner in which payment will be made post-divorce. In the event the marriage is of…
The SCRA is the Service Member Civil Relief Act, which provides certain shields and protections for active duty service members while deployed. In the realm of family law, it would apply in a situation where the state-side spouse files an action for divorce while the service member is deployed. In that particular scenario, the state-side…
Military retirement benefits are a property right and are considered to be a marital asset, unlike alimony, which is a financial obligation. The state courts of Florida are authorized to divide the military retirement benefits in a divorce proceeding according to the following formula. They take the number of year of credible military service during…
He or she will continue to receive the retired pay. Retirement pay is a property right. Unlike alimony, which is a financial obligation, military retirement benefits are just like dividing up real estate, bank accounts, personal property, household furnishings, retirement, and investment accounts.
Not unless the service member has elected to participate in the Survivor’s Benefit Plan, which will provide coverage for 55% of the benefits applied to the surviving spouse in the event that the situation member predeceases. Plus cost of living increases. In order to participate in the Survivor’s Benefit Plan, the election must be in…
It’s highly recommended. Military divorced can be very tricky, particularly when you’re dividing up the military retirement benefits. Any enhancements in military retirement benefits, resulting after the divorce, because of promotions or pay raises, could accrue to the benefit of the recipient spouse, if they’re not properly spelled out in the marital settlement agreement, resulting…
