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Military Divorce

Jacksonville Military Divorce Attorneys

Need Help with a Military Divorce in Florida? Contact Owenby Law, P.A.

Military Divorce

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.

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 20 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 19 years of overlapping service may also be eligible for 1 additional year of Tricare coverage.

What is a military spouse entitled to in a divorce?

Military spouses are often entitled to certain benefits and protections during a divorce, particularly in the state of Florida. These entitlements can include a portion of the service member's retirement pay and access to health care benefits.

However, it is important to note that each case is unique and the specific entitlements will vary depending on the circumstances of the divorce.

For this reason, it is crucial that military spouses seek the guidance of an attorney who is well-versed in military divorce law. This will ensure that you receive the guidance and support you need to navigate the complexities of the divorce process and receive the benefits and support you are entitled to under the law.

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.

How Can We Help?

  • Meet Your Legal Professionals
    We put the time and care into your case that it deserves, and we are here to guide you through this process.
  • Handling All Aspects of the Legal Process
    We are the reputable and reliable law firm you need on your side during your legal matter. We handle all types of cases!
  • Answers to Your Legal Questions
    The legal process can be daunting, and we understand you may have questions. Review our FAQ page to find helpful answers.

The Benefits of Hiring Owenby Law, P.A.

Owenby Law, P.A. is here to help you get the results you need with a team you can trust.

  • Free Initial Consultations
  • Successfully Handled Thousands of Cases
  • Backed by Over 20 Years of Experience
  • Personalized, Results-Oriented Representation
  • A Team of Compassionate Advocates On Your Side
  • Flexible Payment Plans Available