QUESTION
Is there a statute in Florida Law that addresses Military retirement and an ex-spouses rights to a percentage of that retirement?
Asked on Sep 13th, 2018 on Family Law - Florida
More details to this question:
I retired in April of 2016 after 24 years of active duty in the US Armed Forces. In July of the same year my wife of 23 years filed for divorce. We divorced August 23, 2016 via mediation. No alimony or child support was awarded as she was working full time and our youngest son was 15 at the time and we agreed on split custody. She was, however, awarded 48.6% of my monthly retirement pay. Since that time I have spoken with several retired military who have been through a divorce and they retained all of their retirement pay. I'm just wondering if there is a Florida statute that specifically addresses Military Retirement pay?
1 ANSWER
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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Generally, Federal law preempts state law in the area of military retirement pay and its division. For example, the Uniformed Services Former Spouses' Protection Act ('USFSPA') may cover the right of a state court to deal with alimony issues in divorce cases. I regret that you did not avail yourself of divorce counsel knowledgeable about military divorce law prior to or at your mediation. Now that the final judgment has presumably been entered and you are in pay status under your military retirement, you need to locate and speak with a divorce lawyer with knowledge of the USFSPA as soon as possible. It is a complex are a of law quite apart from Florida law and requires specialized knowledge. Please do not delay.
For any attorneys reading this answer, please refer to The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families by Mark E. Sullivan published by the ABA. It's the 'bible' for military divorce cases.
Answered on Sep 14th, 2018 at 7:20 AM