When Family Law And Military Law Intersect

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The military has its own set of laws for many things, and when those laws overlap with family law matters, it is critical to work with a lawyer who understands both sets of laws.

I am attorney Donald Witmyer, and I approach military divorce cases with several perspectives. I am a Christian, and I spent 21 years in the military serving as an EOD diver, and in the officer ranks of the Air Force as a judge advocate and military lawyer (JAG). My insider's understanding of military law and family law allows me to help clients find the solutions they need.

How Are Military Benefits Divided?

During a military divorce, one of the most important things that must be calculated is how the military retirement benefits will be divided.

The spouse of a service member may be entitled to a portion of the military benefits. However, the civilian spouse is only entitled to a percentage of the benefits that were acquired during the marriage.

Likewise, if a service member moved up the ranks after the divorce, the ex-spouse would only be entitled to the benefits the service member received before he or she was promoted. I have worked with families throughout the area, including families where a spouse is stationed at:

  • Eglin Air Force Base
  • Hurlburt Field
  • Duke Field
  • NAS Pensacola
  • Tyndall Air Force Base

Time-Sharing Arrangements When One Spouse Isn't In Florida

Creating a time-sharing agreement can be challenging and emotional, especially when one spouse is stationed outside of Florida. However, it is possible to create an arrangement that allows both parents to spend time with their kids.

When I work with clients, I remind them that we can be as creative as we need to be, as long as both parties agree. Although it may no longer be feasible to spend every other week with each parent, we can create time-sharing agreements that work for both parents and the children.

Contact An Experienced Retirement Benefits Lawyer

After serving for 21 years in the military, spending half that time as a JAG and now operating my own law firm, I understand the unique situations that military families face, and I help create the solutions you need to work around those.

Learn more about the most effective ways to protect your retirement benefits or your parenting time by scheduling an initial consultation with me. From my office in Destin, I serve individuals throughout Okaloosa County and Florida. I can be reached online through my contact form or by calling 850-502-2047.