What is the difference between a legal separation and a military divorce?
A legal separation and a military divorce are very different. A legal separation is a court order that addresses the rights and responsibilities of a married couple who are separating but not divorcing. In Florida, a legal separation may address issues such as child support, alimony, property division, and child custody. It does not end a marriage, however, and both parties can still be legally married. A military divorce, on the other hand, does end the marriage and both parties are no longer married to each other. A military divorce requires a different process than a civil divorce. Federal law determines military divorce, and there are specific rules for dividing pensions, benefits, and other assets. Military divorce also includes unique requirements for proving service, residence, and other documents needed for the divorce. Additionally, special provisions may apply to the division of military retirement pay (known as “10/10”) and health care benefits. Overall, a legal separation does not end the marriage, but a military divorce does. Additionally, there are special requirements for military divorce that are not applicable to a civil divorce. It is important to understand the differences in order to have a successful divorce process.
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