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Military Divorce

Melbourne Military Divorce Attorneys Represent Service Members and Their Spouses

Florida firm eases the burden on Armed Forces personnel and families

At Tucker Mitnik P.A. in Melbourne, we represent service members and their spouses in divorce proceedings and are committed to providing the highest levels of advocacy and service to those who make sacrifices for us. Whatever led to your breakup, our firm will pursue fair terms on issues that affect standard divorces, such as child custody, alimony, property division and child support, while navigating the unique aspects of a military divorce.

Why are military divorces often more complex than other divorces?

Many military families frequently move among bases, so you might be able to file for divorce in multiple states, where the pertinent laws differs. If you are married to someone who is on active duty overseas, you cannot start a marriage dissolution proceeding until they have returned home for at least 60 days. If you and your spouse had children, you can also rely on us for comprehensive counsel regarding Florida’s child support formula, as well as the factors used by judges in alimony determinations. These considerations, along with custody and visitation terms, could be affected by a service member’s deployment, promotion or transfer to a different base.

We also assist with the legal and jurisdictional issues that could affect your ability to end your marriage. One unique aspect of military divorce that people sometimes ask about is the prohibition on adultery in the Uniform Code of Military Justice. However, a key element in this code section is that the soldier’s conduct must harm their unit’s “good order and discipline.” Typically, a service member’s affair is a private matter that does not affect people outside of the involved parties.

Our firm stands up for military personnel and their spouses who might lack a support system in the area where they are located and rely on their service status, or their partner’s, for their housing, medical coverage and other needs.

How do you divide retirement benefits in a military divorce?

For spouses of veterans, military pensions and other retirement benefits are considered part of the marital estate, and therefore are subject to equitable property division. A person whose marriage overlapped with their ex-spouse’s military service for at least 10 years can receive a portion of their former spouse’s retirement benefits directly through the Defense Finance and Accounting Service.

There are also provisions that grant former spouses PX access, medical coverage and other benefits if certain standards are met. Depending on your circumstances, we can advise you on relevant matters, such as:

  • The 20/20/20 rule — Military ex-spouses who do not remarry can maintain full medical, commissary and exchange benefits in certain circumstances. The 20/20/20 rule holds that a former wife or husband is eligible if they were married for at least 20 years to someone who served at least 20 years and that the marriage and service time overlapped for at least 20 years.
  • The 20/20/15 rule — Former husbands and wives who do not qualify for full 20/20/20 benefits can maintain Tricare medical coverage for up to a year after the divorce ends if the couple’s marriage coexisted for at least 15 years with the spouse’s military service. However, base and PX privileges are not included.
  • Survivor Benefit Plan — A former spouse can be designated as the beneficiary of a Survivor Benefit Plan, which provides a portion of retirement pay after a veteran has died. This might be done voluntarily or under the terms of a divorce order.

We can answer your questions about these benefits and other aspects of the Uniformed Service Former Spouses’ Protection Act. From there, we will steadfastly assert your rights in pursuit of a fair resolution.

Contact an effective Florida family lawyer regarding your military divorce

Tucker Mitnik P.A. in Melbourne represents members of our Armed Forces and their spouses in divorce proceedings. Please call 321-392-5239 or contact us online for an appointment.

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Our Office
  • Melbourne Office
    5425 Village Drive
    Suite 105
    Viera, Florida 32955
    Phone: 321-735-8956