Jacksonville Military Divorce Attorneys
Need Help with a Military Divorce? Contact Owenby Law, P.A.: (904) 770-3141
If you are a soldier stationed at home or abroad, we at Owenby Law, P.A. understand the difficulty and stress that Marines, Army, Air Force and Coast Guard personnel have with constant travel and relocation requirements.
It is difficult enough for most families, but great distances and multiple long deployment periods away from spouses and children creates a very high divorce rate among military personnel.
How We Can Help You:
Over the years, Owenby Law, P.A. has helped thousands of clients navigate the Florida divorce process— including military personnel and military spouses. When you work with our Jacksonville military divorce attorneys, you can rest easier knowing that you have a team of legal advocates in your corner.
Our entire firm works together on every case we handle because we are committed to securing the best possible results for our clients.
Handling Military Divorces in Florida for More Than 18 years
One of the biggest concerns that military men and women face when they begin the process of dissolving their marriage is what will happen to their military pension if they get divorced. Owenby Law, P.A. has been handling military divorces since 2004 and is dedicated to helping U.S. military families around the world. We can help you facilitate an equitable military divorce if either you or your spouse is a Florida resident.
Military divorce can be broken down into two distinct types, both of which introduce unique considerations:
- Divorce involving service members who are actively serving in the military
- Divorce involving former military service members who have retired
We help military personnel facilitate a divorce through phone conversations, mail and e-mail. Our team works quickly because we understand the stress that soldiers endure in the service of their country. Our military divorce lawyers work diligently to ensure that your career and/or pension remain intact. We know the ins and outs of the military retirement system and military benefits, such as a thrift savings plan or "TSP.”
Can I get custody of my children while on active duty?
When considering time-sharing arrangements for children, Florida courts will always prioritize the best interest of the child, no matter if one of the parents is on active duty or not. While it can be difficult for a child to suffer the parental absences required by military duty, you still have parental responsibilities and a basic right to see your child. Because your military service will always be considered a key factor in time-sharing arrangements, however, it’s important to review your case with a qualified lawyer who can protect your rights.
How are military pensions divided in divorce?
Under the Uniformed Services Former Spouse Protection Act, state courts treat disposable military pension income as property of the service member – or of the service member and their spouse. That means that military pensions are viewed as marital or community property in the event of a divorce, and they can be divided like other assets shared in common. You will only receive direct pension payments from the Department of Defense, however, if you meet the requirements for the 10/10 rule.
What is the 10/10 rule?
With the “10/10 rule,” an ex-spouse of a military member may receive direct retirement payments through the Defense Finance and Accounting Service (DFAS), provided that they were married for at least 10 years with 10 years of overlapping military service.
Of course, different states measure the date of division differently, so it’s a good idea to discuss your unique situation with an experienced divorce attorney. Additionally, it’s important to keep in mind that you may still be entitled to a portion of your ex-spouse’s pension, even if you do not qualify for the DFAS direct pay.
How long can I keep Tricare benefits after a military divorce?
When you are married to a service member, you are entitled to their military health insurance benefits through Tricare. Once the marriage is over, you will no longer be able to receive Tricare benefits, and your eligibility will be terminated at 12:01 am on the day your divorce is finalized.
However, there are a few instances where you may be able to keep your Tricare benefits after divorce. If you were married to your spouse for at least 20 years with 20 years of overlapping military service, you may qualify to continue coverage. Spouses who were married for 20 years with at least 18 years of overlapping service may also be eligible for 1 additional year of Tricare coverage.
Discuss Your Options with a Military Divorce Lawyer in Jacksonville, FL
If you are in the Florida National Guard unit or any other reserve unit in Florida along with being a full-time member of the Air Force, Army, Marines, Navy or Coast Guard, we can help you with your pending divorce. We can also assist you with child custody, visitation, and pension matters if necessary. Military life is tough, but our professional staff at Owenby Law, P.A. is at your service no matter where you are stationed.
If you need help with a military divorce, please call our office at (904) 770-3141 as soon as possible.