Military pensions often represent a significant asset in a divorce. In Florida, these pensions are subject to equitable distribution, which means the court divides them fairly but not necessarily equally. Understanding the process ensures both parties know their rights.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA governs how military pensions are divided. It allows state courts to treat military retirement pay as marital property. However, Florida courts can only divide the portion of the pension earned during the marriage. The non-military spouse’s share depends on factors such as the length of the marriage and the service member’s rank during that time.
The 10/10 rule for direct payments
The 10/10 rule determines whether a non-military spouse receives direct payments from the Defense Finance and Accounting Service (DFAS). If the marriage lasted at least 10 years and overlapped with 10 years of military service, DFAS can send the non-military spouse’s share directly. If this rule is not met, the military spouse remains responsible for making the payments.
Calculating the non-military spouse’s share
Florida courts use a formula to calculate the non-military spouse’s share of the pension. This formula considers the number of years the couple was married while the service member was active duty. The resulting fraction determines the percentage of the pension awarded to the non-military spouse. This calculation aims to provide a fair distribution of benefits accrued during the marriage.
Additional considerations in military pension division
Dividing a military pension may affect other financial matters. For example, Florida courts may consider the pension’s value when deciding alimony. Additionally, Survivor Benefit Plan (SBP) coverage ensures continued payments to the non-military spouse after the service member’s death. Parties must address SBP elections during the divorce process to avoid losing this benefit.
Navigating the complexities of military pension division requires careful planning and professional advice. Seeking guidance from professionals familiar with military and divorce law in Florida can make a significant difference in achieving a fair and efficient outcome.
