Former spouses could see a smaller share of their former spouse’s monthly retirement pay under legislation proposed. The proposal, which is specific to military divorce cases, has been described as a “radical rewrite” compared to existing laws regarding property division in military divorce.

Under the proposed legislation, state courts would be required to award payments to former spouses of military service members based on the duration of time served and the rank at the time of divorce, rather than at the time of retirement, which is currently the case.

The legislation was introduced in the House to amend the existing Uniformed Services Former Spouse Protection Act (USFSPA).

Though the proposal drew both praise and criticism, those introducing the legislation focused on the need to protect a service member’s future interest, citing a number of marriages that end early on in a spouse’s military career.

MILITARY DIVORCE CASES

The path to divorce is never easy, but there are certain circumstances that may produce additional (perhaps complex) considerations, like in cases involving military spouses. These divorce cases, known as military divorce, often present a unique set of legal hurdles, which can become confusing for both parties involved.

The first thing to consider with military divorce cases is the fact that service members are, under the Service Members Civil Relief Act of 2003, entitled to certain protections. These protections cover a variety of areas, including whether or not a military service member can be obligated to appear before a court.

These regulations also address the issue of determining “state of residence” for service members on assignment across the globe. For example, if you are a service member and were considered a resident of the state of Florida before departing on military assignment, you would still be considered a resident of Florida when filing for a divorce.

Under current USFSPA guidelines, military retirement pay is classified as property, rather than income. Therefore, it is subject to Florida’s equitable distribution law in the event of divorce. There are also a number of other things to consider in military divorce cases, especially in situations involving children, medical insurance issues or Survivor Benefit Plans.

That’s why,

FINDING A SKILLED MILITARY DIVORCE ATTORNEY

This is where the family law specialists at the Law Firm for Family Law come in. In Florida’s Pinellas County, we serve as the premier law resource for those dealing with a wide array of family law issues, including spouses involved in military divorce.

Our firm’s founder is one of 18 Board Certified Experts in Family and Marital Law, and our team of skilled attorneys have a great deal of experience handling the various complicated issues that often arise in military divorce cases. Regardless of your situation, we are prepared to stand by and support you every step of the way.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

It has long been a common assumption that children of divorced parents are more likely to get divorced at some point in their own lives. For the most part, this assumption has been affirmed through psychological studies.

However, a recent study published in Marriage & Family Review exploring the impact of divorce on individuals later in life pointed to an increasingly volatile factor influencing divorce today – high-conflict. Specifically, the study found that individuals who experienced high-conflict situations as children were more likely to get divorced during adulthood.

HIGH-CONFLICT DIVORCE CASES

High-conflict divorce is an area of family law that can be extremely detrimental to all involved, especially children. When divorcing parents cannot agree on any terms, including those concerning their children, it can cause extraordinary stress, adding to an already stressful situation.

Divorce is never easy. Some cases involve a greater degree of conflict than others, which can prolong proceedings for months or even years, depending on the parties and other factors involved. Though battles can be waged over anything, some common situations in high-conflict divorce cases include:

• Alimony
• Child custody and support
• Parental rights and time sharing
• Division of property and/or other assets
• Domestic violence

Oftentimes, high-conflict situations can bring divorce proceedings to a stalemate, and they can even make mediation difficult, since high levels of animosity tend to undermine any cooperation or agreement.

It is also worth noting that, in the state of Florida, there have been significant changes to state statutes regarding alimony and time-sharing – changes that could impact your case directly.

That’s why it is so important to enlist the assistance of a qualified, assertive family law attorney, who can offer guidance during divorce proceedings, and even handle your case in a trial setting, if necessary.

FINDING A FAMILY LAW ATTORNEY YOU CAN TRUST

If you or someone you know is experiencing a high-conflict situation, or if you are looking to end a high-conflict marriage, it is critical that you contact an attorney that specializes in family and marital law. Only a qualified attorney can review your case according to current state statutes, and offer a recommendation for resolution.

In Florida, the Law Firm for Family Law serves as the premier legal resource for residents in and around Pinellas County. Our firm is also home to one of 18 Board Certified Experts in Family and Marital Law, and features a team of attorneys that focus specifically on family law matters. From the ground up, our firm is committed to giving your case the full attention it deserves, even if that means representing you and your case in court.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.

Before Florida’s highly contentious alimony legislature met the Governor’s desk in 2016, it had passed both House and Senate votes, and by comfortable margins.

The bill, which sought to put an end to permanent alimony after the payer’s retirement, as well as alter payments based on the duration of the marriage, also included some “controversial” provisions regarding child custody and time-sharing – provisions Gov. Scott cited directly in his decision to veto.

In announcing his decision, Gov. Scott referred to the real-life, long-term repercussions for Florida families going through the divorce process, specifically the fact that the statute seemed to go against the best interests of minor children.

This was not the first time Gov. Scott had vetoed alimony legislation – a similar bill was struck down last year.

DIVORCE & ALIMONY IN FLORIDA

Legally, alimony is defined as a monetary allowance paid to one spouse by their former spouse upon a divorce or legal separation. Essentially, these payments are meant to help continue the standard of living in which a spouse has grown accustomed to.

In the state of Florida, there are currently six forms of alimony that can be awarded by a court. They include:

• Durational alimony
• Permanent alimony
• Bridge the gap alimony
• Rehabilitation alimony
• Lump sum alimony
• Temporary alimony

Current state laws also allow the court a great deal of discretion in determining how alimony is awarded, and the duration for which it is expected. However, family laws are constantly being reviewed and updated, including those with respect to alimony. As a result, it is increasingly important for spouses, in any case involving divorce and alimony awards, seek the appropriate legal guidance.

FINDING A FLORIDA DIVORCE ATTORNEY

Are you or a loved experiencing divorce or a dispute regarding your divorce proceedings, such as those related to alimony awards? If so, it is critical that you contact a qualified family law attorney as soon as possible. Only an attorney specializing in this area of law, and the current state statutes, can evaluate your case and determine what, if any, paths towards legal action might be available.

For those residing in and around Pinellas County, Florida, the Law Firm for Family Law can provide the legal guidance and wisdom necessary when dealing with family law matters, including divorce and alimony awards. Our team of skilled attorneys led by Royce Rounsaville– are committed to handling every case with the highest levels of professionalism, compassion and integrity, and can provide the support you are looking for during this trying time.

The Law firm for Family Law practices law as  divorce attorneys, and family law attorneys in Clearwater, Largo and the surrounding area.

For more information, visit our website at https://thelawfirmforfamilylaw.com/
or call (727) 531-8737.