Over the past decade, military divorce rates have hit all-time highs. While this type of divorce is in many ways similar to a civilian divorce, there are unique issues involved in a military divorce which spouses and their families will face.
Three Top Questions Regarding Military Divorce
1. What Happens to My Children If I’m Overseas?
The laws surrounding a service member’s rights to their children while they are overseas is addressed in by Florida law. If divorced, a service member who is deployed can often have a family member such as a grandparent be assigned some of their time with the children.
2. Will My Tricare Be Affected?
One of the benefits of being a service member is the healthcare system provided to military personnel known as “Tricare”. Spouses of service members typically lose the right to those benefits once the divorce is finalized. There are, however, situations when a spouse may keep Tricare:
- If a spouse has been married 15-20 years and those years have overlapped 20 or more years of creditable military service, that spouse will be entitled to one year of Tricare from the date of the final divorce decree.
- If a spouse has been married for 20 or more years and the military member has served 20 years or more of creditable military service, a spouse will be entitled to Tricare for a lifetime.
3. What Will Happen to my BAS and BAH allowances?
Both Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH) allowances compensate military personnel for expenses related to their housing costs and some supplies. When a service member is involved in a divorce, these allowances are treated as income when the Court calculates a person’s financial obligations (such as child support and spousal maintenance/alimony).
Because BAS and BAH are treated as such, it’s common for a service member’s allowances to be reduced once the final divorce decree has been entered. A service member does, however, always have the right to request that the Court revisit the amount of child support and/or spousal maintenance they are paying when the decree has gone into effect.
Learn More about Tampa Military Divorce with the Anton Legal Group
For over three decades, third generation Tampa attorney S. David Anton has provided sound legal advice to families facing a number of family law issues including military divorce. Discuss your case with an expert Tampa military divorce attorney for free at the Anton Legal Group and call (813) 443-5249.