How do I determine a fair division of assets in a military divorce?
When determining a fair division of assets in a military divorce, there are several factors that must be taken into consideration. In Florida, the court must consider the length of the marriage, the age and health of the spouses, the assets that have been accumulated throughout the marriage, and the contribution of either spouse to the marriage. Furthermore, the court must also evaluate the military pension, disability benefits, and the potential for future earnings. When dividing military assets, such as the pension, the court may order the pension be divided in a Qualified Domestic Relations Order (QDRO). With a QDRO, the non-military spouse can receive a portion of the military pension, as decided by the court. Depending on the individual case, the division of assets may be equal or may be decided based on the contribution of each spouse to the marriage. In deciding the division of assets, the court may also look at the tax ramifications for each spouse. The court may order a husband to pay alimony or child support or order a wife to make a contribution to the future education of the military spouse. Additionally, the court may also consider the presence of any marital debt when dividing the assets. When dividing assets, the court is required to consider all the factors above and must make an equitable decision. The court will make its decision based on the totality of the circumstances and must be fair to both spouses.
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