Military Divorce Presents Unique Issues To Resolve
Attorney Rebekah Brown-Wiseman Is Experienced In These Cases
When one or both spouses in a divorce is a service member, there are special issues to consider.
If either you or your spouse is in the military and you are seeking a divorce, contact us at the Law Office of Rebekah Brown-Wiseman, P.A. Our Fort Lauderdale military divorce lawyer is here to provide compassionate and effective military divorce representation. Call 954-563-1331 to arrange a consultation.
Divorce issues such as child support, property division and alimony present unique challenges in military families. Let the Law Office of Rebekah Brown-Wiseman, P.A., be there to help you navigate these complex military issues.
Unique Military Family Law Issues
There are certain federal laws that apply to military divorce cases. They include the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA).
Uniformed Services Former Spouses Protection Act (USFSPA)
Under the USFSPA, state courts are to consider military retirement as part of the equitable distribution of property in divorce. In addition, it can allow the civilian spouse to receive a portion of or all of this payment. In divorce cases with more than 10 years of marriage, the USFSPA provides that the accounting service (DFAS) shall pay the civilian spouse a portion of the military retirement.
When handling a military retirement, there are three types of retirement that need to be considered:
- Final pay
The Thrift Savings Plan
Similar to the private sector 401(k) plan, servicemembers can contribute up to 7 percent of their basic pay. This type of plan requires a QDRO (Qualified Domestic Relations Order) to divide the plan between the spouses. If a marriage was less than 20 years, the civilian spouse is not entitled to any benefits. If the marriage was more than 20 years or more, there is criteria that has to be followed for the civilian spouse to get benefits.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) was enacted in order to protect servicemembers who are unable to attend support or custody proceedings due to their obligations in the military. The act provides options to a servicemember to stay a divorce or paternity proceeding until he or she returns home from active duty. Members of the military who are protected by this act include:
- Air Force
- Coast Guard
The SCRA can even reopen default judgments in divorce or paternity actions that were entered in the absence of a servicemember.
Contact A Broward County Family Law Attorney
For a military divorce attorney who is sensitive to her clients’ special needs during this difficult time, contact the Law Office of Rebekah Brown-Wiseman, P.A. Attorney Brown-Wiseman provides effective representation in military divorce and related issues to clients throughout Broward County and Palm Beach County from her office in Fort Lauderdale, Florida. Call 954-563-1331 for a consultation.