Introduction: Civilian Ties, Military Realities
Divorce involving military contractors presents a unique legal landscape that differs significantly from divorces involving active-duty service members. While military contractors are civilians, their employment often mirrors many aspects of military life—overseas deployments, high-risk work environments, irregular schedules, and substantial income variations. These factors create complex challenges when it comes to equitable distribution, alimony, child support, and parenting plans.
Because military contractors are not entitled to the legal protections that apply to active-duty personnel under laws like the Servicemembers Civil Relief Act (SCRA), their divorce cases proceed through Florida’s civil court system without delay. However, their military-adjacent lifestyle still influences nearly every aspect of the divorce.
Whether the contractor works in logistics, intelligence, private security, cybersecurity, or operations support, handling the legal and financial elements of their divorce demands careful planning. A Tampa divorce lawyer experienced in high-conflict and high-income cases can guide both contractors and their spouses through the process with a tailored strategy that accounts for the unique challenges of this occupation.
Who Are Military Contractors?
Military contractors are civilian employees who work under contract—often for companies like Raytheon, Lockheed Martin, Booz Allen Hamilton, DynCorp, or KBR—to provide support services to the Department of Defense or other government agencies. Their work may include:
- Defense systems maintenance
- Intelligence analysis
- Security services
- Logistics and supply chain management
- Field operations in combat zones
Unlike enlisted military personnel, contractors:
- Are not subject to the Uniform Code of Military Justice (UCMJ)
- Do not receive military pensions or TRICARE
- Are not protected by the SCRA
- Are not covered by the Uniformed Services Former Spouses’ Protection Act (USFSPA)
Despite their status as civilians, many contractors face the same travel demands, deployments, and operational stress as active-duty soldiers. Their unique position makes divorce particularly complicated in several key areas.
Jurisdiction and Filing Considerations
As with any Florida divorce, one spouse must have resided in the state for at least six months prior to filing. For military contractors stationed overseas or who rotate between global postings, establishing jurisdiction may require:
- Providing proof of residency (Florida driver’s license, voter registration, lease, or property ownership)
- Demonstrating intent to remain domiciled in Florida despite temporary overseas assignments
A Tampa divorce lawyer will evaluate whether Florida is the proper jurisdiction and help ensure all statutory requirements are met before filing.
Equitable Distribution of Assets with a Contractor Spouse
Military contractors often earn high salaries, with added compensation for hazard pay, overseas differentials, and per diem allowances. Equitable distribution must account for:
- Income Volatility
Contractor pay varies significantly depending on contract terms and deployment cycles. Courts may average income over time to reach a fair valuation. - Foreign Bank Accounts
Contractors working abroad may hold assets in foreign currencies or in financial institutions outside the U.S. These must be disclosed and valued for division. - Tax Considerations
Some contractors take advantage of the Foreign Earned Income Exclusion or other IRS provisions. Accurate valuation requires coordination with tax professionals. - Investment Accounts and Bonuses
Stock options, RSUs, and end-of-contract bonuses often constitute a significant portion of a contractor’s total compensation. These must be classified (marital vs. non-marital), valued, and divided. - Business Interests
Contractors who own consulting firms or subcontract through LLCs must disclose business assets, revenues, and expenses. Valuation experts may be needed. - Retirement Accounts
Contractors typically have 401(k), SEP IRA, or TSP accounts. These are subject to equitable distribution through a QDRO or similar order.
A Tampa divorce lawyer will initiate full financial discovery to ensure all contractor earnings and holdings are included in the marital estate.
Spousal Support (Alimony) Considerations
Contractor divorces often involve complex alimony disputes due to fluctuating income and non-traditional work schedules. Courts consider:
- The length of the marriage
- The standard of living established during the marriage
- Each spouse’s earning capacity
- Financial need vs. ability to pay
A Tampa divorce lawyer can argue for or against alimony based on:
- Whether the contractor’s high earnings are sustainable
- The likelihood of future deployments or contract expiration
- Potential reductions in income between contracts
- The spouse’s contributions to the contractor’s career (e.g., relocating, managing household during deployment)
Temporary alimony may also be awarded during the divorce if one party lacks immediate support. A clear presentation of financials is critical to obtain a fair and realistic outcome.
Child Support in Contractor Divorce Cases
Florida calculates child support using an income-sharing model that considers:
- Both parents’ net income
- Number of overnights each parent has
- Childcare expenses
- Health insurance and uncovered medical costs
In military contractor cases, challenges arise from:
- Inconsistent Pay
Courts may average income over 12–36 months or use a recent contract’s pay rate to determine support obligations. - Overseas Work
If the contractor works abroad for long periods, their time-sharing percentage may be reduced, increasing their support obligation. - Travel Costs
The non-custodial contractor may incur significant expenses to visit the child or bring them for visitation. Courts may adjust support or allocate travel costs accordingly. - Foreign Tax Breaks
Contractors claiming the Foreign Earned Income Exclusion may report lower adjusted gross income, which could affect child support calculations unless corrected.
A Tampa divorce lawyer will present a support proposal backed by full financial documentation, taking into account the contractor’s actual cash flow and ability to pay.
Parenting Plans and Time-Sharing Challenges
When one parent is a military contractor, traditional 50/50 parenting schedules may not be feasible due to extended travel and unpredictable deployments.
Florida courts prioritize the child’s best interests, but also recognize the value of preserving both parent-child relationships. A Tampa divorce lawyer can negotiate or litigate for:
- Step-up parenting plans that increase time-sharing during contractor’s home leave
- Virtual visitation clauses using video calls, especially when stationed abroad
- Flexible scheduling around deployment dates or contract start/end dates
- Make-up time when deployments prevent scheduled time-sharing
- Long-distance parenting plans if the contractor is based overseas for years
Importantly, the contractor’s travel should not be held against them if they demonstrate a commitment to parenting and maintain communication with the child.
Relocation and Mobility Issues
If the contractor parent accepts a long-term international assignment, this may trigger Florida’s relocation statute under § 61.13001. Relocation is defined as moving more than 50 miles for 60 or more consecutive days.
A contractor seeking to relocate must:
- Provide notice to the other parent
- Obtain written agreement or file a petition with the court
- Propose a revised time-sharing schedule
The court will consider:
- The nature and duration of the contractor’s work
- The impact on the child’s relationship with both parents
- The feasibility of long-distance contact
- The contractor’s willingness to pay travel expenses
A Tampa divorce lawyer can prepare the relocation petition and defend against relocation if the move is not in the child’s best interest.
Discovery and Disclosure Issues Unique to Contractors
In high-income contractor cases, discovery may be contested or delayed. Common issues include:
- Foreign payroll systems or non-standard pay stubs
- Delays in obtaining overseas bank records
- Non-disclosure of foreign assets or crypto wallets
- Attempting to classify bonuses or hazard pay as non-marital
A Tampa divorce lawyer will:
- Issue targeted discovery requests for pay records, contracts, and bank accounts
- Subpoena employers or payment processors where needed
- Request tax transcripts and FBAR filings for foreign assets
- Work with forensic accountants to reconstruct cash flow and asset values
The earlier discovery is initiated, the more time is available to compel responses and analyze the contractor’s true financial picture.
Use of Forensic Experts in High-Income Contractor Divorce
Due to the complex compensation structures and potential for asset concealment, many contractor divorces benefit from forensic analysis. A Tampa divorce lawyer may retain:
- Forensic accountants to analyze business income, personal expenses, and compensation structures
- Valuation experts to appraise business interests or intellectual property
- Real estate appraisers for foreign or out-of-state property
- Vocational evaluators if a spouse is underemployed
These experts can testify about:
- Actual income for support purposes
- The value of overseas holdings
- Reasonable spousal earning capacity
Their reports help courts understand the unique financial realities of military contractor households.
Marital Settlement Agreements in Contractor Cases
In contractor divorces, negotiated settlements often require extra care to address:
- Irregular pay and contract renewals
- Allocation of future bonuses or commissions
- Parenting schedules that adapt to travel cycles
- Equalization of support based on future deployments
- Confidentiality for defense-related employment
- Travel reimbursements for parenting time
A Tampa divorce lawyer will draft language that anticipates future changes, avoids ambiguity, and includes enforcement mechanisms.
Divorce Timing and Strategic Considerations
The timing of the divorce may influence:
- Eligibility for certain retirement or health benefits (if any)
- Income available during the current contract cycle
- Parenting availability during home leave
- Access to U.S.-based courts if the contractor relocates
Waiting until the contractor returns from a deployment may provide procedural advantages. On the other hand, some spouses may benefit from filing while the contractor’s income is at a peak. A Tampa divorce lawyer will evaluate these factors carefully and advise on the best timeline.
International Enforcement and Jurisdictional Issues
When contractors live or work abroad, enforcement of Florida court orders becomes more complex. A Tampa divorce lawyer must consider:
- Whether the foreign country recognizes Florida court orders
- Ability to enforce child support internationally (via the Hague Convention or bilateral treaties)
- Whether the foreign jurisdiction will assist in asset seizure or garnishment
If the contractor spouse resides in a non-cooperative country, domestic enforcement (e.g., through U.S. bank accounts or employers) may be preferable.
Conclusion: Complex Schedules, Strategic Representation
Divorce is never easy—but when one party is a military contractor, it requires thoughtful legal planning, rigorous financial discovery, and customized parenting arrangements. With international deployments, high incomes, and evolving contracts, the legal strategy must be as flexible and dynamic as the contractor’s career.
Whether you are the contractor or the spouse, a Tampa divorce lawyer can:
- Ensure full asset disclosure and valuation
- Calculate realistic support based on fluctuating income
- Design time-sharing plans that adapt to mobility
- Prepare enforceable settlement agreements
- Protect your parental and financial rights at every step
Every contractor divorce is different, but with the right legal tools and representation, both parties can secure a fair and workable resolution.
FAQ: Divorce When One Spouse Is a Military Contractor
Is a military contractor considered military under Florida law?
No. Contractors are civilians. They are not subject to military law or protected by military-specific statutes like the SCRA.
Can the court consider hazard pay or bonuses as income?
Yes. All forms of compensation—including hazard pay, overtime, and per diem—can be included in support calculations.
How does the court handle parenting time if the contractor is overseas?
Time-sharing may be adjusted, and courts often include virtual visitation, makeup time, or step-up plans.
Can I get alimony from a contractor spouse?
Yes, if you qualify under Florida’s alimony statutes and your spouse has the ability to pay.
Are overseas bank accounts included in the divorce?
Yes. All marital assets—regardless of location—must be disclosed and may be subject to equitable distribution.
What if the contractor won’t disclose their income?
Your Tampa divorce lawyer can use discovery tools, subpoenas, and forensic accountants to uncover concealed income.
Do I have to wait until the contractor returns to file for divorce?
No. You can file at any time, provided Florida has jurisdiction and you’ve met the six-month residency requirement.
Will the court consider my spouse’s travel as a reason to reduce support?
Not usually. The court focuses on available income, not time spent traveling for work.
Can we include terms about deployment in our parenting plan?
Yes. Parenting plans can (and should) include provisions for deployment, long-distance contact, and future adjustments.
Is it better to settle or go to trial in a contractor divorce?
Settlement often offers more flexibility—but if discovery is contested or assets are hidden, litigation may be necessary. Your Tampa divorce lawyer will help you decide.
The McKinney Law Group: Tampa Divorce Lawyers Helping You Protect What Matters
At The McKinney Law Group, we help clients across Tampa manage divorce with purpose and focus. Whether you’re protecting your time with your children or safeguarding your financial future, we offer legal solutions designed for your life.
We handle:
✔ Full-service divorce filings and case management
✔ Parenting plans that reflect your values and your child’s needs
✔ Division of marital property, businesses, and retirement assets
✔ Support arrangements grounded in financial reality
✔ Enforcement or updates to existing legal agreements
To begin your consultation, call 813-428-3400 or email [email protected].