In a military divorce, one of the most pressing and emotionally charged questions is what happens to housing—specifically, whether a non-military spouse or the children of the marriage can remain in base housing during or after divorce. Unlike traditional civilian property disputes, military housing is federal property governed by Department of Defense regulations, not by standard landlord-tenant law. As a result, the rules are different, and the answer to whether someone can stay in military housing after divorce is not simply a matter of what a Florida court orders. A seasoned Tampa divorce lawyer can help navigate this complex issue, especially when divorce intersects with military regulations, federal property law, and Florida’s equitable distribution rules.
Understanding Military Base Housing
Military base housing, also known as government quarters, includes residential units provided by the military for eligible active-duty service members and their dependents. Eligibility for these homes is determined by:
- The service member’s duty station,
- Pay grade and rank,
- Family composition, and
- Availability of housing on base.
Unlike privately owned homes, base housing is not an asset that either party can “own” or divide. It is considered a benefit of military service. When a divorce is pending, this distinction becomes critical. Even if a spouse has lived in base housing for years, their right to remain is tied to their status as a military dependent.
Once that status changes due to divorce or legal separation, the ability to remain in base housing is subject to strict regulations, and it’s not up to a state court to decide.
Who Has the Right to Reside in Base Housing?
Only active-duty service members and their recognized dependents are eligible to reside in government housing. A spouse is considered a dependent for purposes of base housing until:
- A final judgment of divorce is entered, or
- The service member initiates a request to remove the spouse from the list of dependents.
After divorce, a former spouse is no longer considered a military dependent, regardless of the length of the marriage or the presence of children. This means the former spouse generally cannot remain in base housing after the divorce is finalized.
A Tampa divorce lawyer will help non-military spouses understand this limitation and plan alternative housing arrangements early in the divorce process.
Can the Spouse Remain in Base Housing During the Divorce?
Yes, but only under limited circumstances. If the divorce is pending and not yet finalized, the non-military spouse may be allowed to remain in base housing. The service member must still be assigned to that installation and maintain eligibility for family housing.
In practice:
- The military usually allows the family to remain in base housing until the divorce is final,
- The service member must not have requested reassignment or indicated a change in dependency status,
- The installation commander has discretion over housing decisions during pending divorce proceedings.
This interim occupancy can be crucial, especially when children are involved and continuity of housing affects school enrollment or stability. A Tampa divorce lawyer can coordinate with military housing authorities to ensure that temporary housing arrangements are not prematurely disrupted.
What Happens to Base Housing After Divorce?
Once the divorce is finalized, the non-military spouse typically loses eligibility to remain in base housing. The timeline for vacating housing can vary by installation, but most military housing offices require:
- 30 days’ notice to vacate after the final judgment of divorce, or
- Immediate departure if the service member is reassigned or deployed without dependents.
In some cases, military housing offices may offer temporary extensions or referrals to off-base housing assistance programs, especially if children are involved. However, there is no legal obligation for the military to continue housing a former spouse after divorce.
This makes it essential for the non-military spouse to develop a post-divorce housing plan well in advance. A Tampa divorce lawyer can help negotiate terms in the marital settlement agreement that support relocation, including temporary spousal support, housing deposits, and transitional expenses.
Can the Children Remain in Base Housing?
Technically, yes—but only if they reside with the eligible service member. The military considers dependent children in housing eligibility calculations, but only when they reside with a qualifying parent. If the court awards the service member primary residential custody, the children may continue living in base housing with the service member.
However, if the civilian parent receives primary time-sharing, the children cannot remain in base housing unless the service member is also present. In cases where time-sharing is split or alternating, the housing office may determine eligibility on a case-by-case basis.
A Tampa divorce lawyer can help draft a parenting plan that aligns with housing regulations and avoids conflicts between the court’s order and military policy.
What If the Service Member Moves Out and Leaves the Spouse in Base Housing?
This situation is common during divorce. A service member may choose—or be ordered—to live elsewhere, leaving the non-military spouse in base housing with the children. In this scenario, the housing office may issue a notice to vacate, depending on the member’s orders and dependency status.
Military installations do not generally allow unauthorized occupants to remain in base housing. Once the service member is no longer assigned to the installation or the dependent status of the spouse ends, continued occupancy is typically denied.
A Tampa divorce lawyer can help negotiate for temporary spousal support or alternative accommodations, particularly when a forced housing transition could disrupt the children’s education or well-being.
Is Base Housing Ever Subject to Equitable Distribution?
No. Base housing is federal property and cannot be awarded or divided by a Florida court. It is not an asset owned by either party, and it does not appear on marital balance sheets during equitable distribution.
However, the value of housing may be considered in related issues, such as:
- Determining spousal support (since the military spouse has a housing benefit),
- Child support calculations (because BAH is included in income),
- Determining standard of living during the marriage,
- Valuing in-kind benefits provided to either spouse during separation.
A Tampa divorce lawyer may raise these points in hearings or settlement negotiations, especially if the military spouse is benefiting from subsidized housing while the non-military spouse is left with rent or mortgage obligations.
Alternative Housing Options After Losing Base Access
Non-military spouses should prepare for housing transitions before the divorce is finalized. In some cases, the military offers transitional housing support or relocation assistance through:
- Military Family Readiness Centers,
- Housing relocation offices,
- Off-base housing referral programs,
- Limited financial support for relocation costs.
Additionally, military spouses may qualify for transitional spousal support, alimony, or exclusive use of off-base marital property. A Tampa divorce lawyer can help secure these rights through temporary relief motions or settlement agreements.
If children are involved, the court may consider the need to preserve housing stability when awarding child support or determining time-sharing.
The Impact of BAH on Housing and Divorce
BAH (Basic Allowance for Housing) is a non-taxable benefit paid to service members who live off base. When the family resides in base housing, the service member does not receive BAH. But once the family moves off base, BAH is restored—typically at a higher rate if dependents are involved.
After divorce:
- If the service member no longer resides with dependents, BAH is reduced to the “without dependents” rate,
- If the service member has custody of the children, they may continue receiving the higher BAH rate,
- If the service member remarries, BAH may be recalculated again.
BAH is counted as income for child support and spousal support calculations under Florida law. A Tampa divorce lawyer will request recent LES statements and military orders to verify the correct housing allowance and include it in financial affidavits.
What If the Spouse Is in Transitional Status or Legal Separation?
The military does not recognize legal separation in the same way civilian courts do. However, transitional or temporary separation may allow the spouse to remain in base housing if:
- The service member maintains the spouse’s dependent status in DEERS,
- The couple has not yet filed for divorce, or
- The installation commander allows continued occupancy.
This arrangement is temporary and subject to cancellation at any time. It’s not a long-term solution. A Tampa divorce lawyer can help the non-military spouse leverage this transitional period to negotiate housing support and prepare for life after the divorce.
Drafting Settlement Agreements with Housing in Mind
Because the court cannot control base housing, divorce orders must anticipate and address the transition clearly. A marital settlement agreement should include:
- Deadlines for vacating base housing,
- Temporary financial support until alternative housing is secured,
- Contributions toward rent, mortgage, or security deposits,
- Allocation of BAH or other housing allowances,
- Use of family housing benefits to calculate support.
A Tampa divorce lawyer will also include language that requires the service member to notify the spouse of any changes to duty station or BAH status, especially when it affects child support or shared parenting arrangements.
FAQ: Military Base Housing and Divorce in Florida
Q: Can I keep living in base housing after divorce is finalized?
A: No. Once the divorce is final, a former spouse is no longer considered a military dependent and must vacate base housing, usually within 30 days.
Q: What if I’m still legally married but separated—can I stay in base housing?
A: Yes, if the service member maintains your dependent status and remains stationed at the installation. However, this is temporary and discretionary.
Q: Can the court order the military to let me stay in base housing?
A: No. Base housing is federal property and cannot be controlled by a state court order.
Q: What happens to the children’s housing if I get primary custody?
A: If you are a civilian and have custody, you’ll need off-base housing. If the service member has custody, the children may remain in base housing with them.
Q: Will I get BAH after divorce?
A: No. BAH is a military benefit paid to service members, not spouses. However, the court may award alimony or support that helps cover housing costs.
Q: Can I ask the military to give me more time to move out?
A: You can request it, but the housing office has discretion. They may grant a short extension, especially when children are involved.
Q: Can I count BAH as income for child support?
A: Yes. Florida includes BAH in gross income when calculating child and spousal support.
Q: What if the service member stops listing me as a dependent before the divorce is final?
A: That can result in loss of housing access. A Tampa divorce lawyer can address this in court and seek temporary relief.
Q: Can the court give me the off-base home we lived in instead of base housing?
A: Yes, if the home is marital property. The court can award exclusive use of real estate during or after divorce.
Q: Should I move out of base housing before filing for divorce?
A: Not necessarily. Consult a Tampa divorce lawyer before moving out, especially if you have children or financial needs tied to housing.
The McKinney Law Group: Legal Support for Military Divorce in Tampa, Grounded in Experience and Integrity
Military life adds complexity to divorce. At The McKinney Law Group, we help Tampa service members and spouses make informed decisions with honest guidance and strategic legal planning.
We offer support with:
✔ Applying Florida divorce law to military situations
✔ Dividing military pensions, TSPs, and benefits
✔ Managing parenting plans when duty calls
✔ Addressing issues tied to relocation and base transfers
✔ Creating a long-term plan that prioritizes stability
Call 813-428-3400 or email [email protected] to speak with a Tampa military divorce lawyer.