Divorce, while a complex and emotional process for any couple, presents unique challenges when one or both parties are military personnel. The lifestyle of military families often involves frequent relocations, long deployments, and a high-stress environment - factors that can strain even the strongest relationships. When a marriage ends, military couples in Florida face many legal and logistical hurdles that their civilian counterparts may not.
Child Custody and Visitation
In most divorces, determining child custody is a significant concern. However, it becomes even more complicated for military families due to the nature of their work. Deployments, training exercises, and transfers can disrupt a stable living environment for children. In such cases, a primary residential parent is usually appointed. But what happens when that parent is deployed overseas? Florida law allows temporary modification of the custody order during deployment, ensuring the child's best interests are safeguarded.
Visitation schedules, too, need to be flexible, considering the military parent's unpredictable schedule. A military-friendly parenting plan should include provisions for electronic communication like video calls, emails, and texts during periods of separation.
Property Division
The division of marital property is another complex issue in military divorces. Military couples have a right to equitable distribution of marital assets and liabilities like civilian couples. However, military benefits, pensions, and retirement pay add an extra layer of complexity. These benefits are often considered marital property and subject to division under Florida law. Determining their value requires a nuanced understanding of military compensation structures and laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Spousal Support
Lastly, the issue of spousal support or alimony is often contentious in military divorces. The court may award temporary or permanent alimony based on factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. Military spouses may also be entitled to a portion of the service member's retirement pay, depending on the duration of the marriage and the time spent in service.
However, enforcing alimony orders can be challenging if the service member is overseas. Thankfully, the military has mechanisms to enforce support orders, and service members can face severe consequences for failing to comply.
Jacksonville Military Divorce Attorneys at Owenby Law, P.A.
Navigating a military divorce in Florida can feel like an uphill battle, fraught with unique challenges. However, with the right legal guidance, it is possible to ensure that your rights and interests - and those of your children - are protected.
If you face a military divorce, contact Owenby Law, P.A.. We can help you understand these complexities and guide you through this challenging process.
Remember, while the path may seem daunting, you are not alone. Resources and professionals are ready to support you every step of the way. Let Owenby Law, P.A. help you — set up a free initial consultation today.