Tampa Military Divorce Attorney

Military Divorce Lawyer in Tampa

Divorce and the military require a special knowledge of laws not applicable to civilian divorces. For example, the Servicemembers Civil Relief Act entitles active members of the armed forces to delay a divorce and to court-appointed counsel under certain circumstances.

Military pensions, like their civilian counterparts, are divisible in the event of divorce, but are subject to different rules. The Uniformed Services Former Spouse Protection Act (USFSPA), a Federal law, allows Florida courts to treat military retirement pay according to the divorce laws of Florida. In other words, Florida courts can treat military retirement pay as marital property or as the non-marital property of the service member or as a combination of marital and non-marital.

In those cases where the spouse receives a portion of the service member's military retirement pay, the USFSPA allows the spouse to receive his or her monthly share directly from DFAS (Defense Finance and Accounting Service), if the spouse was married to the service member for at least 10 years during the service member's active duty career.  If the marriage lasted less than 10 "active duty years," the spouse can still be awarded a portion of the service member's military pension, but payment will come directly from the service member instead of directly from DFAS.

If you are a service member or the spouse of a service member and you have been served with divorce papers, it is very important that you consult with an attorney who is experienced in dealing with the Uniformed Services Former Spouse Protection Act and the laws of the state in which the court action was filed.

Contact an experienced Tampa Military Divorce Attorney at Givens Divorce Law Group today.