Miami Military Divorce Attorney
Any person in any branch of the armed forces of the United States, and the husband or the wife of any such person, if he or she is living within Florida, is prima facie a resident of the state for the purpose of maintaining any action. If Florida subject-matter jurisdiction is challenged, the party who is in the military has the burden to show intent that Florida is the permanent residence. If the respondent was a Florida resident before entering the military and he or she never established another permanent residence, the respondent remains a Florida resident. A Petition for Dissolution of Marriage could, therefore, be filed in Florida. For assistance, please speak with a Miami military divorce attorney at Hoffman & Hoffman, P.A.
In many long-term military marriages, the pension is the largest marital asset. Military spouses may, therefore, be surprised to learn that Florida courts may not have jurisdiction over the pension even if the military spouse is stationed in Florida. Jurisdiction over the pension will only exist in Florida if the military spouse:
- Is a resident of Florida, but not due solely to military orders,
- Is a domiciliary of Florida, or
- Consents to Florida’s jurisdiction by signing a marital settlement agreement,
As such, Florida courts will not have jurisdiction over the pension if the military spouse was raised in a different state and never adopted Florida as his/her residence [unless the military spouse consents to Florida’s jurisdiction over the pension].
The laws of the military spouse’s domiciliary should always be considered before the military spouse consents to Florida’s jurisdiction over a military pension as some states and U.S. territories have more favorable laws regarding equitable distribution of a military pension. For example, the laws of Puerto Rico do not require a military pension to be equitably distributed. The military spouse would, therefore, be entitled to keep 100% of his/her pension if the military spouse’s permanent residence is in Puerto Rico; whereas, the military spouse’s pension would likely be divided between the parties in equal shares if the military spouse’s permanent residence is in Florida.
Contact a Miami Military Divorce Attorney Today
If you have questions regarding a military divorce, Hoffman & Hoffman, P.A. can assist you. Contact us today to schedule a consultation with a Miami military divorce attorney.