I am sitting in the annual Board Certification Review Seminar and one of the speakers just said that you should have separate peadings in order to claim an interest in retirmeent pay. the premise for this is that retirement benefits are covered by Fla. Stat. 61.076 rather than Fla. Stat. sec 61.075 as most assets and liabilities are. I am not sure I agree with that; however, for years I have been using the following pleading to secure a division of retirement pay and you are welcome to use the same:
"The Husband has a retirement/pension in the form of military retirement benefits with the United States Army which is subject to equitable distribution and the Wife requests that the Husband's military retirement benefits be equitable distributed by this Court so that she is awarded fifty (50) percent of those benefits pursuant to the Uniformed Services former Spouse's Protection Act and Pastore v. Pastore, 497 So.2d 635 (Fla. 1986) and the Florida Equitable distribution Statute."
I believe this will do the job quite nicely.
Joe Hood
Board Certified Marital and Family Lawyer
709 West Azeele Street
Tampa, FL 33606
1 comment:
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