Legal Question in Family Law in Florida

divorce

I am in the military. My wife and I are divorcing after 11 years of marriage. Is she automatically eligible for 50% of my retirement pay. I am getting custody of our 11 year old son.


Asked on 11/02/99, 9:28 am

1 Answer from Attorneys
Robert McCall Law Office of Robert McCall

Re: divorce

There is a Federal statute, called the Former Spouse Protection Act, that is controlling. The most she could get is 50%; probably the least is 25%. You need to talk to JAG ASAP, they can explain the statute and compute the percentage. Please note in Florida she gets a percentage of the pension only if you actually receive it and it is based on your present grade, NOT your grade at retirement. The fact that you are the custodial parent is not considered. Good Luck.

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Answered on 11/02/99, 5:22 pm


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