How do I divide military retirement benefits in a divorce?

Division of military retirement benefits in a divorce is a complex process. In Florida, when a service member divorces, the court can divide up the retirement benefits during the divorce proceedings. The court bases its decision on the state laws, the service member’s retirement options, the Uniformed Services Former Spouses’ Protection Act (FSPA) and other factors. In Florida, a military retirement is treated as a marital asset and is normally divided between the two parties, along with other assets. The court looks at the length of marriage and the military member’s contributions, as well as the contributions of the non-service member spouse, to determine how to divide the military retirement benefits. The court can order a lump sum payment out of a service member’s retirement pay or ongoing payments, and award the former spouse a portion of the retirement income. If both parties agree, they can reach an out-of-court settlement that addresses the division of the service member’s retirement benefits. This can help the service member retain control over his or her retirement pay and can save time and money. The settlement agreement should be very specific as to how the military retirement benefits are to be divided and clarify the rights and obligations of each party in the divorce. Division of military retirement benefits in Florida is complicated and it’s important to understand all the legal aspects of the process. It’s wise for service members and their former spouses to seek the advice of an experienced family attorney who is familiar with the FSPA and other relevant laws.

How do I divide military retirement benefits in a divorce?

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