DIVIDING A MILITARY PENSION IN A FLORIDA DIVORCE (part one)
Florida law requires that there be language in the Final Judgment of Dissolution of Marriage to comply with the requirements of the military law to divide a military pension.
If a spouse has been married to a member of the military for a period of at least ten years while the military spouse has been in the service for at least an overlapping ten years, the Final Judgment of Dissolution of Marriage must contain certain language.
There must be a statement to specifically identify the military member. Then, there must be a statement that the rights of the service member have been protected under the Servicemembers Civil Relief Act. (This has to do with notice and an opportunity to be heard.)
Next, there must be a specification of the amount of the retired or retainer pay to be distributed expressed in dollars or as a percentage of the disposable retired or retainer pay.
DIVIDING A MILITARY PENSION IN A FLORIDA DIVORCE (part two)
Finally, the Florida Final Judgment of Dissolution of Marriage must provide for distribution of the retired or retainer pay no more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the Final Judgment.
Bottom line: If your marriage involves a military member with at least ten years of service during your marriage, contact an expert Tampa divorce lawyer to see how the paperwork can be drafted so that retirement benefits may be properly divided.
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