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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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FL Divorce question: Senario: Two retired military file

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FL Divorce question: Senario:

Two retired military file for divorec after 8 .5 years of marrage. One with 30 years one with 20 yrs. Only lived in same house for 4 months at the end of the marriage. No kids.
What is the max part of the pension can the 20yr person receive in a judgement? Is there a formula or are you at the mercy of the Judge.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Each spouse is entitled to 1/2 of all assets acquired during the marriage. If both spouses were retired at the time of marriage, and the pensions had been fully earned, neither would get any portion of the other spouse's retirement, but each would get half of any money in the bank or half of any items purchased with retirement funds. Florida is an equitable distribution state - the judge will divide things fairly, which is not automatically the same as equally.

With that said, as far as on-going support goes, it typically is not awarded unless spouses are married for at least 10 years. The purpose of support is to maintain the marital standard of living, so if the spouses were living apart for most of the marriage, each paying their own bills, a judge would likely not award any support to either spouse. The judge has a lot of discretion, and an appeals court will only review the decision to see if that discretion was abused. There is no set formula.

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Customer: replied 4 years ago.

Just to be clear. The 8.5 years both parties were on active duty. One pension is greater than the other. Both parties were retired when divorce was filed.

Thank you.

Thank you for clarifying that.

If they were on active duty during the marriage, then each spouse can request 1/2 of the retirement accumulated during the marriage by the other spouse. The judge does still have discretion, but retirement is considered a marital asset that the judge will divide equitably. He starts with a 50/50 presumption, and either spouse can argue as to why that should be a different number.
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