Legal Question in Family Law in Florida

Military Divorce

My retired military spouse and I split up 9 years ago without the benefit of divorce and he moved to Philidelphia. Now that our only child has left the nest for college I am now filing for divorce and want to sell the house that he and I bought together in 1984 here in Florida.

1. I paid the mortgage every month for 9 years alone. WIll he get credit for the years he did not pay in. Is there anything I can do to make this a smooth and timely process.

2. We were married in 1979 to present. Of that time 13 years were active duty military. How can I figure how much of his retirement I am entitled to. I've heard that after 10 years its 50%. Is that true?

Thanks,


Asked on 3/08/02, 11:06 am

2 Answers from Attorneys

Sanford Martin Martin Law Office

Re: Military Divorce

It is assumed that you now are represented by an attorney; therefore, these questions should be directed to him/her. General comments: you will likely be entitled to 50% of his pension. Because of your separation, the definition of marital property may be a bit hazy, but, re the house, you should request "special equity" in the property because of your mortgage payments. He may also have special equities in certain property. You are advised to consult with a family law attorney if you don't have one; your situation can be handled so much more easily by an experienced attorney. The process will be expedited and easier if you and your husband can resolve the key issues and work out a marital settlement agreement which resolves property, debts, alimony, child support (such as college expenses) and any other issues.

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Answered on 3/08/02, 3:00 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Military Divorce

You can probably claim a "special equity" in the home. That means that you should be entitled to the house.

As this was a long term marriage, you will likely be entitled to half of his pension.

Everything is negotiable. You might be able to resolve everything by entering an agreement. What you give up, or demand, is up to both of you.

Generally, in family law matters, under Florida's statutes, the obligation for paying attorney fees falls on the party who is best able to pay. Therefore, if he makes substantially more than you, then he maybe held legally responsible for all, or at least a majority, of your attorney fees.

You should schedule a formal consultation with a� lawyer.�� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (attorney with offices in Tampa & St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 3/08/02, 5:47 pm


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