Posted by Nydia Streets of Streets Law in Divorce
Income earned during marriage is considered a marital asset in your Miami divorce, and this includes retirement savings. Special rules apply to military retirement plans in a marriage of at least 10 years.
In a marriage of at least 10 years in which a spouse worked at least 10 years of creditable service in the federal uniformed services, if there are retirement benefits to divide, the Miami final judgment of divorce must include the following according to section 61.076 of the Florida Statutes:
(a) Enough information to identify the service member;
(b) Certification that the Servicemembers Civil Relief Act was followed in the event the judgment was entered while the member was on active duty and was not represented in court;
(c) Clear delineation of the amount of pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.
An order requiring regular payments from a military retirement account to the other spouse cannot require payments to be made more than monthly and cannot require the payor to vary its pay cycle to comply with the order. Because military issues involve federal law, which in most cases takes precedence over state law, other considerations may come into play in military divorces.
A Miami military divorce includes its own set of rules that should be navigated with care and attention. Contact a divorce attorney in Miami at Streets Law to determine your best consultation option for your Miami divorce.