Military divorce cases often involve a unique set of challenges that do not exist in civilian family law. One of the most critical aspects of these cases is discovery—specifically, the ability to access accurate, complete, and timely information about a service member’s military records. These records are essential for determining income, calculating child support and alimony, uncovering retirement and benefit entitlements, and ensuring a fair and equitable division of assets.
Military service members are governed by both federal and military-specific privacy rules. These protections can complicate access to personnel and financial records during a Florida divorce. However, there are well-established procedures for obtaining the necessary documentation through legal means. A skilled Tampa military divorce lawyerwill understand how to navigate this process, issue appropriate discovery requests, and compel disclosure when voluntary cooperation is not forthcoming.
This article outlines the most common military records needed in a Tampa divorce case, explains how to obtain them, and offers legal strategies for compelling access when records are withheld or incomplete.
Why Military Records Matter in Divorce Discovery
In Florida, both parties are entitled to full financial disclosure during divorce. This is especially important when one spouse is in the military, as the structure of military compensation is often misunderstood or underreported. Military records are the most reliable source for identifying:
- Base pay and allowances,
- Special pays and bonuses,
- Retirement benefits and TSP contributions,
- Deployment and hazard pay history,
- Dates of service and military rank,
- Housing benefits and entitlements.
Without accurate access to these records, the non-military spouse may be at a significant disadvantage. A knowledgeable Tampa military divorce lawyer ensures that the court has a complete financial picture before entering support or equitable distribution orders.
Key Military Documents in Divorce Discovery
1. Leave and Earnings Statement (LES)
The LES is the military equivalent of a civilian pay stub. It is issued monthly and includes detailed information about the service member’s:
- Base pay,
- Basic Allowance for Housing (BAH),
- Basic Allowance for Subsistence (BAS),
- Incentive or special duty pay,
- Tax withholdings,
- Allotments,
- Leave balances,
- TSP contributions.
The LES is critical for calculating child support and alimony. It reflects both taxable and non-taxable income and can show trends in compensation over time. A Tampa military divorce lawyer will often request 12–24 months of LES records for accuracy.
2. DD Form 214
The DD-214 is the Certificate of Release or Discharge from Active Duty. It is typically provided upon separation or retirement and confirms:
- Dates of service,
- Character of discharge,
- Final rank,
- Awards and decorations,
- Total time in service.
This form is essential when determining whether a military pension has vested or calculating the marital share of retirement benefits.
3. Retirement Points Statement (for Reserve or Guard)
For Reserve or National Guard members, retirement is calculated based on retirement points rather than active-duty time. The Reserve Retirement Points Statement documents:
- Points earned during active duty,
- Drill weekends,
- Annual training,
- Other qualifying service.
This record is crucial in divorce cases involving part-time service members. A Tampa military divorce lawyer will analyze this record to determine how much of the service was earned during the marriage.
4. Record of Emergency Data (DD Form 93)
This form lists the service member’s dependents and designated beneficiaries. It can help prove whether a spouse was listed as a dependent during military service, which may be relevant to TRICARE, housing, or SBP entitlement.
5. Thrift Savings Plan (TSP) Account Statements
The TSP is the federal government’s version of a 401(k). Contributions made during the marriage are considered marital property. These records show:
- Account balance,
- Contribution history,
- Loan activity,
- Investment allocations.
A Tampa military divorce lawyer will request TSP records through discovery and ensure that appropriate retirement orders are prepared to divide the account.
6. VA Disability and Benefits Records
While VA disability compensation is not divisible in divorce, it may be used to calculate income for support purposes. Disability records may include:
- VA award letters,
- Disability ratings,
- Payment history,
- Dates of eligibility.
In some cases, a service member may waive part of their military pension to receive VA benefits. These documents help determine how that waiver affects pension division and whether an indemnification clause is necessary.
How to Obtain Military Records in a Florida Divorce
There are multiple legal avenues to obtain military records during discovery. A Tampa military divorce lawyer uses a combination of formal discovery, subpoenas, and federal procedures to ensure timely access.
1. Request for Production (RFP)
A standard discovery tool, the RFP allows one party to request documents directly from the other. The service member must produce:
- Pay records (LES),
- TSP account summaries,
- Military orders,
- Deployment records.
Failure to comply may result in a motion to compel or sanctions under Florida Family Law Rule 12.380.
2. Interrogatories
Written questions served to the other party can be used to:
- Confirm current military status,
- Disclose the existence of specific benefits,
- Provide contact information for military finance offices,
- Identify pay grade and duty station.
A Tampa military divorce lawyer will tailor interrogatories to elicit military-specific information not covered by standard forms.
3. Subpoena Duces Tecum
When the service member refuses to cooperate or when independent verification is needed, a subpoena can be issued directly to:
- DFAS (Defense Finance and Accounting Service),
- The appropriate military finance office,
- TSP ThriftLine.
Subpoenas must comply with federal privacy laws and may require the service member’s consent or a court order.
4. Authorization Forms
When parties cooperate, the service member can sign:
- Standard Form 180 (Request Pertaining to Military Records),
- TSP release forms,
- DFAS third-party authorization forms.
These releases allow the non-military spouse’s attorney to receive records directly from the appropriate federal agency.
Dealing with Privacy and Access Restrictions
Military records are protected under federal law, including:
- The Privacy Act of 1974,
- DoD and service branch regulations,
- HIPAA (for medical or disability records).
To access these records:
- Consent is typically required,
- Court orders must be narrowly tailored and based on legitimate need,
- Subpoenas must comply with jurisdictional and agency-specific rules.
When a party refuses to sign a release, the court may compel disclosure under Florida law. A Tampa military divorce lawyer will prepare appropriate motions and subpoenas that balance privacy rights with discovery obligations.
What to Do If the Military Member Refuses to Disclose Records
Refusal to participate in discovery can delay or derail a divorce case. Florida courts have broad powers to enforce compliance, including:
- Compelling responses through court order,
- Imposing attorney’s fees and sanctions,
- Striking pleadings or entering default judgments in extreme cases.
If a service member fails to provide military records:
- File a motion to compel discovery,
- Request a show cause order for noncompliance,
- Seek enforcement remedies under Rule 12.380.
Courts are particularly sensitive to transparency in financial matters. A Tampa military divorce lawyer can show that refusal to disclose income or benefits unfairly prejudices the other spouse’s case.
Using Military Records to Prove or Disprove Claims
Military records can confirm or challenge claims made in the case. Examples include:
- Verifying income: The LES shows all forms of pay, including those not reported on tax returns.
- Establishing residency: The LES identifies state of legal residence, useful for jurisdictional arguments.
- Confirming deployment: Orders and duty rosters support time-sharing modifications or travel plans.
- Disputing disability: VA awards or military medical separations may be inconsistent with claimed limitations.
- Assessing support obligations: Existing garnishments or child support payments appear on the LES.
A Tampa military divorce lawyer uses this evidence to build a case and cross-examine the opposing party effectively.
Preparing Your Discovery Strategy in a Military Divorce
In military divorce litigation, discovery should be proactive and specific. Tips include:
- Start with voluntary disclosure: Request signed authorizations where possible.
- Use detailed interrogatories: Ask for rank, years of service, special pay, retirement dates, and account numbers.
- Review multiple months of LES data: Identify patterns, bonuses, and irregular pay.
- Subpoena DFAS if needed: Particularly useful when the service member is uncooperative.
- Don’t overlook deployments: Temporary duty assignments and hostile fire pay can significantly affect support.
A Tampa military divorce lawyer tailors discovery requests to each branch of service and coordinates timing to avoid interference with deployments or classified assignments.
Time Sensitivity and Military Orders
Discovery timelines may need to be adjusted based on:
- Upcoming TDY or PCS moves,
- Active deployment orders,
- Leave schedules,
- Communication delays from remote assignments.
Under the Servicemembers Civil Relief Act (SCRA), active-duty personnel may seek a stay of proceedings if military service materially affects their ability to participate. Courts may delay discovery compliance under these provisions.
A Tampa military divorce lawyer works within these limitations while preserving the other party’s rights to fair and timely disclosure.
Military Records in Mediation and Settlement
Even in amicable divorces, accurate records are essential. LES statements, TSP balances, and retirement points often form the basis of:
- Marital settlement agreements,
- Child support stipulations,
- Alimony buyouts,
- Pension division language.
Clear documentation prevents future disputes and reduces the risk of post-judgment modification or enforcement issues.
A Tampa military divorce lawyer ensures that all military-related data is included in the mediated agreement and incorporated into the final judgment.
Common Pitfalls in Accessing Military Records
- Failing to request records early: Delays in processing LES or VA records can stall the case.
- Not subpoenaing the right agency: Each branch has specific contact points for records requests.
- Overlooking special pays: Flight pay, sea pay, or re-enlistment bonuses may be hidden in lump-sum lines.
- Not verifying TSP loans: Loans reduce account balances and affect valuation.
- Ignoring Reserve service: Retirement points may be spread across multiple units and time periods.
Avoiding these errors requires attention to detail and familiarity with military systems. A Tampa military divorce lawyeris trained to spot these issues before they create litigation problems.
FAQ: Accessing Military Records in Tampa Divorce Cases
Q: Can I get my spouse’s LES without their permission?
A: Not directly. You must obtain it through discovery, subpoena, or with a court order if they refuse to provide it voluntarily.
Q: What’s the difference between an LES and a DD-214?
A: The LES is a monthly pay statement. The DD-214 is a discharge summary issued at the end of service.
Q: Are TSP accounts considered marital property?
A: Yes, contributions made during the marriage are subject to equitable distribution.
Q: Can I subpoena DFAS for military pay records?
A: Yes, but you must comply with federal rules and may need a court order depending on the record requested.
Q: What if my spouse hides bonuses or special pay?
A: LES statements and DFAS records typically show all forms of pay. A Tampa military divorce lawyer can uncover hidden income through discovery.
Q: Is the Reserve Retirement Points Statement important?
A: Absolutely. It determines the value and eligibility of Reserve and Guard pensions.
Q: Do VA disability records count in support calculations?
A: Yes. While VA disability is not divisible, it is considered income for child and spousal support.
Q: How long does it take to get military records?
A: It varies. Some are available immediately through discovery; others may take weeks to process through DFAS or VA channels.
Q: Can military records be used to prove my spouse’s lies?
A: Yes. Inconsistent claims about income, duty status, or benefits can be disproven with official records.
Q: Who should I contact to help with military discovery?
A: A Tampa military divorce lawyer experienced in DFAS procedure and federal military regulations.
The McKinney Law Group: Divorce Representation for Tampa’s Active Duty and Retired Military
When your divorce involves military service, you need counsel that understands the legal terrain. At The McKinney Law Group, we represent active duty members, veterans, and spouses across Tampa in resolving military divorce with confidence and clarity.
Our firm helps clients with:
✔ Division of military benefits, including retirement and healthcare
✔ Parenting plans that accommodate unpredictable schedules
✔ Legal compliance with federal statutes like the SCRA and USFSPA
✔ Complex residency and jurisdiction issues due to PCS or deployment
✔ Long-term planning built around your military obligations
Contact us today at 813-428-3400 or email [email protected].