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BeckyH, Paralegal
Category: Family Law
Satisfied Customers: 37
Experience:  18 years' family law experience. [This post should not be construed as legal advice.]
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I would like to know if I divorce my husband do I get ...

Customer Question

I would like to know if I divorce my husband do I get military benefits such as continuation of health ins and retirement benefit?
Submitted: 8 years ago.
Category: Family Law
Expert:  BeckyH replied 8 years ago.

How long have you been married and how long has he been in the military?

Customer: replied 8 years ago.
We have been married 4 years and 8 months. He was in the navy for 26 years and has been retired since 1986
Expert:  BeckyH replied 8 years ago.

Here is the Florida statute regarding retirement:

The 2007 Florida Statutes

Title VI
Chapter 61
View Entire Chapter

61.076 Distribution of retirement plans upon dissolution of marriage.--

(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:

(a) Sufficient information to identify the member of the uniformed services;

(b) Certification that the Servicemembers' Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;

(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.

(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order.

Since you were not married for 10 years, you will not be able to be paid directly from the military. You will have to be paid your portion by a voluntary allotment that the Decree can Order him to take.

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