Military Divorce Attorney in Tampa, Florida
A Military Divorce Involves Unique Factors that Must Be Considered
When a party is an active military or a retired military member, there are unique issues to consider such as jurisdiction, former spouse benefits, division of military retirement, survivor benefit plans, and Thrift Savings Plans. I have experience dealing with military divorce and paternity cases, representing both the service member and the Military spouse, and am willing to represent clients stationed around the world who need to communicate via Zoom, Skype, phone, or email.
When a spouse who is married to a service member at least 20 years, and the party serving in the military has served at least 20 years during the marriage, the spouse is entitled to Tri-Care medical benefits and other commissary and exchange benefits for life, as long as the spouse doesn't remarry. The spouse is also entitled to 50% of the marital portion of the net military retirement (which does not include VA Disability retirement), which will be paid directly by the Defense Finance Accounting Service (DFAS). This is referred to as the 20/20/20 rule. If this is not the case, then the former spouse will not be entitled to Tri-Care and commissary and exchange benefits. However, a spouse who is not eligible for Tri-Care may be eligible for Temporary Continuing Coverage for up to 36 months, which is similar to the civilian COBRA benefits.
A party who was not married 20 years is still entitled to 50% of the marital portion of non-disability net military retirement, but it will only be paid directly from DFAS, if the parties were married for at least 10 years, and the party serving in the military has served as least 10 years during the marriage.