Military Divorce Intelligence

Richard Mockler Richard Mockler

Can SBP Be Added After Divorce If the Agreement or Judgment Is Silent?

The Survivor Benefit Plan can protect a former spouse against the loss of military retirement income when the retiree dies. But that protection must be addressed in the divorce. A later retirement order generally cannot add survivor benefits that the settlement agreement or judgment never awarded.

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Richard Mockler Richard Mockler

How Is the 10/10 Rule Measured in a Florida Military Divorce?

The military divorce “10/10 rule” requires at least 10 years of marriage overlapping at least 10 years of creditable military service before DFAS can make direct property-division payments to a former spouse. But when does the marriage stop for purposes of the calculation? In a Florida divorce, the stronger reading of federal law and the Department of Defense regulations is that the marriage runs through the effective date of the divorce, the entry of the Final Judgment, not merely the date the petition was filed.

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Richard Mockler Richard Mockler

Serving an Overseas Military Spouse by Email in a Florida Divorce

Florida law generally permits court-authorized email service on a servicemember in a foreign country when the method provides reliable notice and no applicable international agreement prohibits it. Understand the evidence, deadlines, jurisdictional issues, and military protections that determine whether your case can proceed.

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Richard Mockler Richard Mockler

Rushing v. Rushing: Major Florida Decision on Dividing Military Retired Pay

In Rushing v. Rushing, Florida’s Sixth District Court of Appeal reversed an order that gave a former spouse a share of military retirement value earned after divorce. The decision provides unusually detailed guidance on hypothetical retirement calculations, High-3 pay, marital settlement agreements, DFAS orders, evidence, and enforcement.

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Richard Mockler Richard Mockler

Substance Abuse in Military Divorce and Custody Cases

Substance abuse in a military divorce is not just a family-law issue. Drug use, alcohol abuse, DUI arrests, failed testing, prescription medication misuse, relapse, treatment, command involvement, deployment, security-clearance concerns, and parenting-plan disputes can collide in one case. In Florida military divorce and custody cases, the court still focuses on evidence, children, support, and practical orders that work in the real world.

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