The law related to distribution military pension and benefits is, in my opinion, the most complicated area of law in all areas of family law, because distribution of military pensions and benefits are governed by both state and federal law.  A military pension is usually the most valuable asset in the marriage. The following factors all need to be considered: 1) length of the marriage and service; 2) distributing pensions in a fixed dollar amount vs. a percentage ; 3) the availability of pension defenses for the service; 4) indemnification provisions to prevent waiver of regular disability in the event the service member becomes disabled; 6) picking the correct date to value the military pension.

10/10 Marriage

To be eligible for division of retirement pay paid directly to the divorced spouse, the divorced spouse must have been married to the service member for at least 10 years while the service member served 10 years of service.

20/20/15 Marriage

In a marriage when the service member served 20 years and the marriage lasted 20 years, but marriage overlapped the period of service between 15 years and 19 years, the divorced spouse is entitled to full military medical benefits for a transitional period of one year following the divorce.

20/20/20 Marriage

A divorced spouse who was married to a service member for 20 years while the service member serviced 20 years is entitled to full commissary, exchange and health care benefits. To be entitled to full benefits, the marriage and the member’s service must overlap by 20 years.

If you are a service member or married to service member and have questions about military divorce in the Jacksonville, Florida area, do not hesitate to contact my office for an initial free consultation. Christopher M. Taylor is your military divorce attorney in Jacksonville, Florida and Duval, Clay and St. Johns Counties.