Military Divorce, Alimony, and Federal Entitlements
Divorce involving military families in Tampa presents a uniquely complex intersection of state family law and federal benefits. Nowhere is this more evident than in cases involving alimony and remarriage. While Florida law sets specific standards for awarding and modifying alimony, military divorces must also account for entitlements governed by federal statutes such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), Department of Defense policies, and VA disability benefit regulations.
When a former spouse receiving alimony or a share of military retirement remarries, or when the service member remarries and incurs new obligations, the implications for spousal support and federal entitlements become increasingly nuanced. Add to that Tampa’s large military population, including personnel stationed at MacDill Air Force Base, and the need for careful legal coordination becomes clear. A Tampa divorce lawyer must navigate both Florida’s alimony statutes and the rules governing military retirement, survivor benefits, and disability compensation to protect their client’s financial interests and avoid jurisdictional pitfalls.
This article explores how alimony and remarriage function in military divorce cases in Tampa, with a particular focus on how Florida family law converges with federal military benefit rules.
Understanding Florida Alimony in Military Divorces
Florida Statutes §61.08 governs the award of alimony in divorce cases. The statute allows for several types of spousal support, including:
- Bridge-the-gap alimony
- Rehabilitative alimony
- Durational alimony
- Permanent alimony (limited circumstances post-2023 reform)
When a service member or military spouse divorces in Tampa, these same rules apply. However, military service introduces several factors that can complicate the analysis:
- Deployments and PCS orders can affect earning potential
- Military retirement income is subject to unique division rules
- Federal disability payments are excluded from equitable distribution
- The SBP (Survivor Benefit Plan) must be addressed in final judgments
- Income from BAH or BAS may impact net income calculations
A Tampa divorce lawyer must ensure that military-specific income and benefits are properly included (or excluded) when calculating alimony eligibility and amount. Furthermore, they must anticipate the impact of future remarriage on alimony and other entitlements.
How Remarriage Affects Alimony in Florida
Under Florida law, remarriage of the recipient spouse automatically terminates most forms of alimony. Specifically:
- Bridge-the-gap and durational alimony terminate upon remarriage of the recipient
- Rehabilitative alimony may terminate if remarriage frustrates the rehabilitative plan
- Permanent alimony is terminated upon remarriage, and modifiable upon cohabitation
For military families, the termination of alimony upon remarriage can have broader consequences. For instance, if the spouse receiving alimony also receives military retirement pay under USFSPA, remarriage does not affect their share of the retirement. But the termination of alimony can still materially reduce their monthly income.
A Tampa divorce lawyer must carefully draft settlement agreements and court orders to clarify when and how alimony will terminate. Additionally, if the supporting spouse remarries and has a new family, they may petition the court for a modification of alimony based on changed financial circumstances.
Military Retirement and the USFSPA: What Remarriage Doesn’t Change
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat disposable military retired pay as marital property and divide it accordingly. The 10/10 rule—ten years of marriage overlapping ten years of military service—determines whether DFAS will pay the former spouse directly.
Key points:
- Remarriage of the former spouse does not terminate their right to receive a court-ordered share of military retirement
- Military retirement division is based on equitable distribution, not support
- The division is permanent unless otherwise modified by agreement or court order
This means that even after a former spouse remarries, they will continue to receive their portion of the military pension unless the court order provides for termination. A Tampa divorce lawyer should clearly distinguish between alimony (subject to termination) and retirement pay division (generally not affected by remarriage).
Survivor Benefit Plan (SBP) and Remarriage Rules
The SBP is a military benefit that provides continued income to a designated beneficiary after the service member’s death. When included in a divorce decree, the former spouse can be named as the “former spouse beneficiary.”
SBP rules regarding remarriage:
- If the former spouse remarries before age 55, SBP payments are suspended
- If the remarriage ends (by divorce or death), SBP payments resume
- If remarriage occurs after age 55, SBP payments continue uninterrupted
It is critical for a Tampa divorce lawyer to address the SBP at the time of divorce. If not properly reserved, the service member may elect to name someone else as the beneficiary. In cases where the former spouse relies on SBP payments for financial security, remarriage before age 55 may result in a loss of income that is not easily restored.
VA Disability Compensation and Remarriage
VA disability benefits are protected from equitable distribution and are not considered divisible property under the USFSPA. However, they may be included in the income calculation for purposes of alimony and child support.
Remarriage considerations include:
- VA benefits are generally unaffected by the remarriage of either spouse
- If a spouse is receiving DIC (Dependency and Indemnity Compensation) due to the death of a veteran, remarriage before age 57 disqualifies the survivor from continuing to receive DIC
A Tampa divorce lawyer must distinguish between VA disability compensation and derivative survivor benefits like DIC or CHAMPVA eligibility. These distinctions become critical when advising clients considering remarriage.
Alimony vs. Military Retirement: Clarifying the Differences
Alimony and military retirement are often confused in divorce settlements. The distinction is important because:
- Alimony is taxable to the recipient and deductible to the payor (subject to federal reforms)
- Alimony terminates on remarriage, retirement division does not
- Alimony may be modified or terminated due to cohabitation; retirement division generally cannot
- Alimony is enforceable by contempt in state court; retirement division is enforced through DFAS
A Tampa divorce lawyer must take care to ensure settlement agreements clearly identify which payments are alimony and which are property division. Labeling matters—for tax, enforcement, and termination purposes.
Modifying Alimony After Remarriage or Changed Circumstances
Florida law permits modification or termination of alimony if:
- The recipient remarries
- The recipient enters a supportive relationship (cohabitation)
- The payor retires or experiences significant income reduction
- The financial needs or circumstances of either party change
Service members who remarry and start a new family may file for a reduction in alimony if they can demonstrate increased financial obligations. Courts will consider:
- New household expenses
- Additional dependents
- The relative financial needs of both spouses
For former spouses receiving alimony, entering a new marriage or supportive relationship may trigger an obligation to notify the court and risk a reduction or termination. A Tampa divorce lawyer should advise clients to consult before entering new relationships that might jeopardize their support.
Children, Custody, and Support in Military Remarriage
Remarriage affects more than just alimony. It also impacts child support, custody, and parenting arrangements. Key considerations include:
- New income may be considered in child support calculations
- Stepparents generally have no support obligations, but their income may affect household needs
- Relocation due to military orders or new marriages may trigger modification of custody
- Deployment and PCS may necessitate parenting plan changes
A Tampa divorce lawyer must account for the practical realities of military service, including the potential for frequent moves and long absences. Courts will consider the best interests of the child, including stability, safety, and continuity of relationships.
Protecting the Rights of New Spouses in Military Divorces
When a service member remarries after a divorce, the new spouse may have financial or legal interests that conflict with those of the former spouse. Issues that arise include:
- SBP allocation: Only one person can be named as a beneficiary
- Survivor annuities: DFAS must receive election changes within specific timeframes
- Housing and base privileges: These may shift upon remarriage
- Income availability: Courts may examine whether the service member’s new marriage increases available resources
A Tampa divorce lawyer representing a newly remarried service member must understand these shifting obligations and work to protect the interests of the new spouse while honoring previous court orders.
Planning Ahead: Alimony and Remarriage Provisions in Settlement Agreements
The best way to manage alimony and remarriage issues in military divorces is through proactive drafting. A Tampa divorce lawyer can help by:
- Including automatic termination clauses for alimony upon remarriage
- Clarifying that retirement division is non-modifiable and separate from support
- Reserving or waiving SBP benefits explicitly
- Addressing cohabitation as grounds for review
- Setting review periods or financial disclosures to trigger modification
When these issues are anticipated and addressed in writing, litigation is reduced and the parties have clear expectations. Ambiguity, on the other hand, invites future disputes and enforcement battles.
Jurisdictional Issues: Where Tampa Divorce Law Meets Federal Rules
A Tampa divorce lawyer must ensure that Florida has jurisdiction over the military member for purposes of dividing retirement under USFSPA. This requires:
- The member’s legal residence in Florida
- Consent to the court’s jurisdiction
- Service in Florida not solely due to military assignment
Without meeting these requirements, the court may lack authority to divide military retirement. Federal law limits state authority unless proper jurisdiction is established. In Tampa, this issue is common due to the high concentration of active-duty personnel.
Conclusion: Legal Precision in Military Divorce Is Essential
The intersection of alimony, remarriage, and military benefits demands more than just general family law knowledge. It requires a detailed understanding of how federal statutes like USFSPA, SBP regulations, and VA benefit rules integrate with Florida’s alimony laws.
Whether representing a service member or a former spouse, a Tampa divorce lawyer must consider how remarriage will impact ongoing support obligations, survivor benefits, and access to federal entitlements. Properly crafted settlement agreements, detailed court orders, and strategic planning can ensure that each party’s rights are protected, obligations are clear, and future litigation is minimized.
In military divorce cases, nothing can be assumed—especially not the consequences of remarriage. The key is planning with clarity and executing with precision.
FAQ: Alimony, Remarriage, and Military Divorce in Tampa
Does alimony end automatically if I remarry in Florida?
Yes. In Florida, alimony usually ends when the recipient spouse remarries. There is no need for a court order to terminate the obligation.
If I remarry, do I lose my share of my ex-spouse’s military retirement?
No. Your share of the military retirement awarded through equitable distribution does not end upon remarriage unless the divorce order specifically says otherwise.
Can I still receive SBP benefits after I remarry?
Possibly. SBP benefits are suspended if you remarry before age 55 but resume if that marriage ends. If you remarry after age 55, benefits continue.
Will remarriage affect VA disability payments?
VA disability compensation continues regardless of remarriage unless the spouse is receiving derivative benefits like DIC. Eligibility for DIC can be lost upon remarriage before age 57.
Can I modify alimony if my former spouse gets remarried?
Yes. Alimony generally terminates upon the recipient’s remarriage. You can stop payments immediately unless the agreement or court order says otherwise.
Does the new spouse’s income affect child support or alimony?
Generally, no. But courts may consider the overall household income when evaluating ability to pay or financial need in a modification request.
What happens to SBP if my ex-spouse remarries and I get remarried too?
Only one person can receive SBP benefits. Remarriage before age 55 may suspend a former spouse’s benefits, but the service member must reelect a new beneficiary within DFAS timeframes.
Can a court divide military retirement if the service member is only stationed in Florida?
Not necessarily. Florida must have personal jurisdiction over the service member by legal residence, consent, or more than just military assignment.
What if my ex is living with someone but not married—can I stop paying alimony?
Possibly. Florida allows alimony modification or termination if the recipient is in a supportive relationship akin to marriage. Evidence is required.
Should I include remarriage clauses in my divorce settlement?
Yes. A Tampa divorce lawyer can include specific language addressing what happens to alimony, SBP, and support obligations if either party remarries. Clear drafting prevents disputes later.
The McKinney Law Group: Tampa Divorce Attorneys Focused on the Details That Matter
Divorce isn’t just about ending a marriage—it’s about protecting your future. At The McKinney Law Group, we help Tampa clients navigate the details that matter most: children, property, finances, and peace of mind.
We provide legal support for:
✔ Structuring and filing divorce petitions
✔ Negotiating time-sharing plans that reflect your family’s life
✔ Identifying and protecting complex assets
✔ Handling alimony and child support with care and clarity
✔ Litigating contested issues with strong courtroom advocacy
Call 813-428-3400 or email [email protected] to schedule your case review.