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How military pensions are divided in a divorce

by | Jul 27, 2018 | Firm News, Military Divorce |

Going through a divorce as a person in the military services should in theory be no different from any other divorce. However, since service members do face active duty and are subject to benefits such as military pensions, there are additional things that should be taken into account.

Therefore, one of the most defining differences in regard to a military divorce versus a civilian divorce is the complexity and process surrounding asset division. That said, asset division will still be subject to state laws.

One of the potential advantages of asset division in a military divorce is that you have three choices when it comes to which state you want to file for divorce in. You can file for divorce in the state where your divorcing spouse lives, in the state where you as a military member are stationed or the state where you are registered as residing in. The state of Florida is an equitable distribution state, which means that assets in general are fairly divided.

How are military pensions divided?

Military pensions are divided based on the length of the marriage. The law wants to protect military personnel by making sure that they benefit from their military pension, so shorter marriages do not qualify for pension division. However, if you have been married to your spouse for a minimum or 20 years and you have been serving in the military for at least 20 of the years you were married, the spouse will be set to benefit from military pensions and other military benefits.

If you are going through a divorce in Florida as a military service member, it is important that you protect your military benefits.