Clermont Military Divorce Attorney

Helping Servicemembers Going Through Divorce

Military divorces involve unique challenges compared to civilian divorces. Service members and their spouses often face issues involving deployments, residency requirements, pension division, child custody, and federal protections. At The Law Offices of Justin Rickman, we understand the special circumstances military families face and are committed to protecting your rights while guiding you through the process with compassion and skill.

If you are a service member—or the spouse of one—going through a divorce in Clermont, FL, you must have our Clermont military divorce lawyer on your side.

Call (888) 835-5840 or contact us online today to schedule a confidential consultation with an experienced Clermont military divorce lawyer.

Issues Involved in Military Divorce in Florida

Divorce is never simple, but military divorces come with additional complexities under both state and federal law. Some of the most common issues include:

• Residency Requirements: In Florida, one spouse must have been a resident for at least six months before filing for divorce. For military families, this can be complicated because service members may be stationed outside Florida but still maintain legal residency in the state. Our team helps determine whether you meet Florida’s filing requirements.
• Division of Military Pensions: Military retirement benefits are often one of the most valuable assets in a divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can divide military pensions as marital property. How much a spouse is entitled to depends on the length of the marriage, overlap with military service, and court rulings.
• Child Custody and Visitation: Deployments and relocations create special challenges in custody arrangements. Florida courts make decisions based on the best interests of the child, but they must also consider the realities of military service. For example, temporary custody arrangements may be needed during deployment.
• Child and Spousal Support: Military regulations require service members to support their families, and Florida law also provides guidelines for child support and alimony. The court will consider military pay, including basic pay, allowances, and special pay.
• Property Division: Florida follows the principle of equitable distribution, meaning marital property is divided fairly, though not always equally. This includes military benefits, housing allowances, and other assets acquired during the marriage.

Special Considerations of Military Divorce

Military divorces often require handling legal matters that do not apply in civilian cases. Some of these special considerations include:

Servicemembers Civil Relief Act (SCRA)

The SCRA protects active-duty members from being held in default if they cannot attend divorce proceedings due to service obligations. This can delay or pause divorce proceedings to ensure the service member has a fair chance to respond.

The 10/10 Rule

Under the USFSPA, if the marriage lasted at least 10 years and overlapped with 10 years of military service, the non-military spouse can receive a portion of retirement pay directly from the Defense Finance and Accounting Service (DFAS).

Health Care Benefits (20/20/20 Rule)

Former spouses may retain access to military health care benefits if they meet the 20/20/20 rule: at least 20 years of marriage, 20 years of service, and 20 years of overlap between the two. If only 15 years of overlap exists, limited temporary benefits may still apply.

Relocation Issues

Because military families move frequently, divorce cases often involve interstate or international relocation issues. Courts must evaluate relocation requests carefully while balancing parental rights and the child’s best interests.

Division of Thrift Savings Plan (TSP)

In addition to pensions, service members may contribute to a Thrift Savings Plan. This retirement account can be divided as marital property during divorce, requiring specialized court orders.

At The Law Offices of Justin Rickman, we guide clients through these challenges, ensuring compliance with both Florida family law and federal military regulations.

Military Divorce FAQs

Can I file for divorce in Florida if my spouse is stationed elsewhere?

Yes, if either you or your spouse has maintained Florida as your state of legal residence, you may file in Florida—even if the military spouse is stationed out of state or overseas.

How does deployment affect custody orders?

If a parent is deployed, Florida courts may grant temporary custody to the other parent or a relative. Once the deployment ends, custody orders can be modified to restore prior arrangements.

Will I lose my military benefits after divorce?

It depends on the length of your marriage and military service. Spouses meeting the 20/20/20 rule may retain full benefits. Others may lose benefits or qualify for limited transitional coverage.

How are military pensions divided in divorce?

Military pensions are considered marital property under Florida law and may be divided between spouses. The division depends on the duration of the marriage and military service overlap.

What if my spouse is overseas when I file for divorce?

The SCRA protects active-duty members from being penalized if they cannot appear in court due to service obligations. The divorce process may be delayed until they can participate.

Why Choose The Law Offices of Justin Rickman?

Military divorce requires more than just family law knowledge—it demands an understanding of military regulations, federal protections, and the unique challenges military families face. At The Law Offices of Justin Rickman, we provide:

• Experience handling military divorces in Florida.
• Knowledge of both Florida family law and federal military rules.
• Compassionate representation for service members and their spouses.
• A tailored approach to protect your rights, benefits, and family.

Whether you are an active-duty service member, a veteran, or the spouse of one, military divorce requires careful attention to both Florida and federal law. Our team is ready to stand by your side and protect your interests.

Contact The Law Offices of Justin Rickman today at (888) 835-5840 to arrange your confidential consultation.