When a military family is facing divorce or separation, they have unique needs that are different from the typical family that is facing divorce. At Segarra & Associates, P.A., we understand those needs and are committed to handling your divorce or separation with the utmost care.
For instance, the Service Members Civil Relief Act (SCRA) establishes, among other regulations, the service of process requirements for members of the military who are stationed within the United States, stationed overseas or are currently deployed on active duty.
Additionally, the Uniformed Services Former Spouses' Protection Act, Title 10, United States Code, Section 1408, (USFSPA) was passed by Congress in 1982. The USFSPA gives a State court the authority to treat military retired pay as marital property and divide it between the spouses. With the passage of the USFSPA, Congress took the opportunity to set forth various requirements to govern the division of military retired pay. Congress sought to make a fair system for military members, considering that their unavailability and deployment status often exposes them to difficulties with civil litigation.
Therefore, if a military member is divorced while on active duty, the requirements of SCRA must be met before an award dividing military retired pay can be enforced under the USFSPA. Moreover, the USFSPA contains its own jurisdictional requirement for the division of retired pay as property. In particular, it limits the amount of the military member's retirement pay which can be paid to a former spouse to 50% of the member's disposable retired pay. The USFSPA also requires that the parties must have been married 10 years or more while the military member performed at least 10 years of service creditable towards retirement eligibility before a division of retired pay is enforceable under the USFSPA. What's more, the USFSPA provides a former spouse with a mends of enforcing an alimony and / or child support award.
While many of the laws that apply to military divorces are the same as civilian divorces, there are also a number of state and federal laws that apply specifically to military divorces and separations. If you or your spouse are in the military, it is essential that you seek a divorce attorney who has specific knowledge of these laws and who can assist you throughout the process of your military divorce. Failure to choose an attorney with proper experience in working with the separation of military families increases the chances that the separation is not resolved in a manner that is favorable to you and your family.
The attorneys at Segarra & Associates, P.A. have handled a number of military divorce cases and have secured favorable outcomes for our clients. Our goal is to protect the interests and rights of you and your family, and provide you with the solid groundwork you need to build a bright future for yourself and your loved ones following a separation or divorce. Contact us for a free consultation regarding your military divorce. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.