Florida Military Divorce Attorney

Division of Military Retirement

When a member of the military is divorcing in Florida, it is important to understand the aspect of the division of military retirement benefits.  Not all attorneys are familiar with the laws related to the military and divorce, and it is crucial that you have legal representation from a Florida military divorce lawyer to assist you in the divorce.  Your retirement income is part of the possible division of assets that takes place in any divorce action.  How this occurs, and what portion of your retirement account you will lose in the divorce depends on the situation of the two ex-partners, including length of marriage and other factors.  It is not assumed that the split will be 50/50 as this may not be the case.  It is crucial that you have skilled legal representation to assist you in a military divorce, and your military retirement account will be a concern that will be addressed by an attorney from Ellerin Hutchinson.

Military Retirement Division in Florida Military Divorce

There is a federal code that relates to the retirement funds of military personnel called the “Uniform Services Former Spouse’s Protection Act” (USFSPA).  This act comes into play in a divorce in which one or both parties have military retirement accounts.  The act gives the ex-spouse the right to include the retirement account as marital property, based on certain factors.  Each case is completely unique, as the individual involved in the divorce may have been married for only a few years, in which case a much smaller percentage of the retirement account would be considered “marital property”.

It is absolutely crucial to your future to have an attorney that is familiar with the laws regarding marital property in Florida as well as the USFSPA rules to determine how the retirement account will be divided, or if it will be divided at all.  As the formula is based on several factors, it is critical that your attorney is a skilled military divorce lawyer who is familiar with the laws and can advise you of what to expect in your Florida divorce.  Attorney Scott Ellerin is proud to be of service to military personnel who need assistance in family law matters including divorce and property division matters.

Contact a Florida Military Divorce Attorney from Ellerin Hutchinson if you are seeking a divorce and have a military retirement account.