Navigating a divorce while serving in the military presents a unique set of challenges that civilian families simply do not encounter. For those stationed in the Tampa area, home to Coast Guard Sector St. Petersburg and nearby MacDill Air Force Base, understanding the distinction between the various branches of service is critical. While many people colloquially group all military members into a single category, the reality is that a Coast Guard divorce operates under a significantly different administrative and legal framework than divorces involving members of the Department of Defense (DoD) services like the Army, Navy, Air Force, or Marines. Securing a Tampa military divorce lawyer who specifically understands these nuances is the first step toward protecting your career, your finances, and your family’s future.
The Jurisdictional Distinction: DHS vs. DoD
The most fundamental difference between a Coast Guard divorce and a DoD divorce lies in the chain of command and the governing federal department. While the Army, Navy, Air Force, and Marine Corps fall under the Department of Defense, the United States Coast Guard is a branch of the armed forces that operates under the Department of Homeland Security (DHS) during peacetime.
This distinction is not merely bureaucratic; it influences everything from administrative discharge procedures to the specific regulations governing dependent support. While DoD services often follow uniform sets of regulations for matters like child support and alimony in the absence of a court order, the Coast Guard follows its own unique set of Commandant Instructions. For a Tampa military divorce lawyer, this means looking at different manuals and internal policies when advising a client stationed at Sector St. Petersburg compared to one stationed at MacDill.
Support Requirements: COMDTINST M1000.6A vs. DoD Formulas
One of the most immediate points of friction in any military divorce is the obligation to support dependents before a Florida court has entered a formal order. All military branches have a policy that members must provide “adequate” support to their families to prevent the military from being seen as a haven for those avoiding parental or spousal responsibilities.
In the DoD branches, there are often specific, math-based formulas used to determine “interim” support. For example, the Army uses AR 608-99, which provides a rigid calculation based on the service member’s Basic Allowance for Housing (BAH). The Coast Guard, however, operates under COMDTINST M1000.6A (the Military Assignments and Authorized Absences Manual). This instruction is notably less formulaic and gives commanders a different level of oversight. It generally requires that a member provide support in an amount “not less than the applicable BAH” or a specific percentage of their pay, but the enforcement and administrative consequences for non-compliance are distinct to the DHS framework. A Tampa military divorce lawyer must be prepared to communicate with a Coast Guard Command in a way that respects these specific DHS-level regulations.
The Impact of Sea Pay and Specialty Pay on Florida Guidelines
Tampa is a major hub for Coast Guard operations, and many members stationed here serve on cutters or in specialized tactical units. This means their income often includes Sea Pay, Career Sea Pay Premium, or other hazardous duty pays that may not be present in a standard “desk job” military role.
Under Florida’s child support and alimony guidelines, “gross income” includes almost all forms of remuneration, regardless of whether the military considers it taxable or non-taxable. However, Sea Pay is often sporadic and tied to a member’s specific assignment. A Tampa military divorce lawyer must argue for a calculation that reflects a service member’s long-term earning capacity rather than a temporary spike in pay caused by a specific deployment or underway period. Failing to account for the volatility of Coast Guard specialty pay can lead to a support order that the member cannot realistically afford once they return to a shore-side assignment in Tampa.
Jurisdiction and the “Homeport” Factor
For Coast Guard members stationed at Sector St. Petersburg, their “homeport” is their legal anchor. However, because cutters can be away for months at a time, the question of “residency” for the purpose of filing for divorce in Florida can become complicated.
Florida law requires that at least one spouse has resided in the state for six months prior to filing for a dissolution of marriage. For a Coast Guard member whose ship is frequently in international waters, proving this residency requires meticulous documentation of their ties to the Tampa community. This includes vehicle registrations, voter registration, and the intent to remain in Florida. A Tampa military divorce lawyer will use the member’s “Leave and Earnings Statement” (LES) and their PCS orders to establish that Tampa is their legal residence, ensuring the Florida court has the authority to divide the military pension and enter orders regarding child custody.
The Servicemembers Civil Relief Act (SCRA) and Coast Guard Deployments
The SCRA provides a “stay” of legal proceedings for service members whose duties materially affect their ability to participate in a lawsuit. While this applies to all branches, the nature of Coast Guard deployments—often involve counter-drug missions or search and rescue operations that provide limited communication—can make the “material effect” easier to prove than for a service member stationed at a fixed installation like MacDill.
A Tampa military divorce lawyer will use the SCRA to protect a Coast Guard member from default judgments while they are at sea. This is particularly important for temporary custody hearings. If a member is underway and cannot attend a hearing in Hillsborough County, the SCRA ensures that the case is paused until they return to port. This prevents the other spouse from making permanent changes to the parenting plan without the Coast Guard member’s input.
Dividing the Coast Guard Pension
Like all branches, the Coast Guard pension is a marital asset subject to equitable distribution in Florida. However, the calculation is governed by the “Frozen Benefit Rule” established by the National Defense Authorization Act of 2017.
This rule requires the court to value the pension based on the member’s rank and years of service at the time of the divorce, rather than the time of retirement. Because Coast Guard career paths often involve rapid rank changes during sea tours, the timing of the divorce filing is critical. A Tampa military divorce lawyer will work with forensic accountants to ensure that the “high-three” average pay is calculated correctly according to the DHS pay scales, protecting the member’s future raises and promotions from being shared with the former spouse.
TRICARE and Coast Guard Medical Transitions
Coast Guard members and their families in Tampa often use civilian providers through TRICARE Prime or Select, as there is no large-scale military hospital at Sector St. Petersburg (many utilize the clinic at MacDill). In a divorce, the spouse’s eligibility for TRICARE ends on the day the final judgment is signed, unless they meet the “20/20/20” rule.
Because Coast Guard assignments often involve frequent moves between coasts, many spouses find themselves at a disadvantage when it comes to maintaining a career that provides their own health insurance. A Tampa military divorce lawyer must account for the cost of replacement health insurance for the spouse when calculating the “need” for alimony. Ensuring that there is a transition plan for medical care is a vital part of the final settlement, particularly if there are children with special needs who rely on the military’s Exceptional Family Member Program (EFMP).
The Role of the Coast Guard Command
In a DoD divorce, the command’s involvement is often limited unless there is a violation of an order. In the Coast Guard, the smaller, more tight-knit nature of the commands at Sector St. Petersburg can lead to more direct administrative pressure.
Commanders are directed by DHS policy to ensure their members are maintaining “financial responsibility.” If a spouse contacts the command alleging non-support, the member may face an Administrative Separation or a negative Page 7 entry in their record. A Tampa military divorce lawyer acts as a buffer between the member and the command, providing the CO with proof that the legal process is being handled and that support is being paid according to Florida law. This protects the member’s career and their path to retirement.
Child Custody and the “Family Care Plan”
Every Coast Guard member with dependents is required to maintain a Family Care Plan (FCP). This document outlines who will care for the children if the member is deployed or called to duty. However, a common mistake is believing that the FCP is a substitute for a Florida parenting plan.
The FCP is an administrative document for the military; it does not bind a Florida judge. A Tampa military divorce lawyer will ensure that the legal parenting plan includes “contingency timesharing” language. This language mirrors the FCP by designating exactly how timesharing will be handled when the member is underway. It also protects the member’s right to “first refusal” if the other parent is unavailable, ensuring that the children spend as much time as possible with the Coast Guard parent when they are in port.
The Thrift Savings Plan (TSP) in a DHS Context
Coast Guard members contribute to the TSP just like DoD members, but the administrative management of their accounts is technically handled through the Coast Guard Finance Center. When dividing a TSP in a Tampa divorce, a specialized order called a Retirement Benefits Court Order (RBCO) is required.
Because the Coast Guard’s payroll systems are separate from the DoD’s (which uses DFAS), the language in the RBCO must be specifically tailored to the Coast Guard’s requirements. A Tampa military divorce lawyer who only handles MacDill Air Force cases might use a “standard” DFAS form that the Coast Guard Finance Center will reject. Getting the language right the first time is essential to avoid months of delays in the distribution of marital assets.
Post-9/11 GI Bill and the Coast Guard Member
Many Coast Guard members in the Tampa area have transferred their GI Bill benefits to their spouse or children. Under federal law, the member retains the right to revoke this transfer at any time. However, a Tampa military divorce lawyercan negotiate a “contractual” agreement where the member agrees not to revoke the transfer in exchange for a smaller alimony payment or a larger share of a different asset.
While the Coast Guard (DHS) will respect the member’s right to revoke the transfer administratively, a Florida judge can hold the member in contempt of court if they violate the settlement agreement. This provides the non-military spouse with a level of security that the military’s administrative rules do not provide on their own.
Domestic Violence and the Coast Guard Record
Allegations of domestic violence carry a heavy weight in the Coast Guard. A “Military Protective Order” (MPO) can be issued by a commander at Sector St. Petersburg even before a Florida court has heard any evidence. Furthermore, under the Lautenberg Amendment, a conviction for domestic violence prevents a member from carrying a firearm, which effectively ends a Coast Guard career.
A Tampa military divorce lawyer must handle these allegations with extreme care. In a high-conflict divorce where a narcissist may be making false allegations to gain leverage, the lawyer must move quickly to defend the member’s record. Proving that the allegations are a tactic for the divorce is essential not just for the custody case, but for the member’s continued service in the DHS.
Alimony and the Transition to Civilian Life
Many Coast Guard members serve in Tampa as their final tour before retirement. Transitioning from the structure of the Coast Guard to the civilian workforce is a major life change. Florida’s alimony laws focus on the “ability to pay” and the “need” of the parties.
A Tampa military divorce lawyer will argue that alimony should be based on the member’s post-retirement income rather than their active-duty pay, which includes housing and subsistence allowances that will soon disappear. By looking ahead to the retirement date, the lawyer can prevent a situation where the member is saddled with an alimony obligation they can only afford while on active duty.
Mediation in the Coast Guard Community
Mediation is mandatory in Hillsborough County family law cases. For Coast Guard members, this is an opportunity to settle the case in a way that respects the mission. A Tampa military divorce lawyer will often seek a mediator who has military experience and understands the “underway” schedule.
If the parties can agree on a parenting plan that accounts for the member’s sea time, they avoid the risk of a judge who doesn’t understand the military entering a rigid order that is impossible to follow. Mediation allows for the creativity needed to manage a Coast Guard life, providing for “block” timesharing when the member is in port and “virtual” timesharing when they are deployed.
The Importance of Local Expertise
Sector St. Petersburg is a unique community within the larger Tampa area. The challenges faced by Coast Guard families are distinct from those at MacDill. A Tampa military divorce lawyer who is integrated into the local legal and military community will have the specific knowledge of the DHS regulations and the local judiciary needed to win.
Whether you are a Petty Officer on a cutter or an Officer at the Sector, your divorce requires a strategic approach that accounts for the “Coast Guard way.” From the specific support instructions of the Commandant to the unique sea pay structures, every detail matters. With the right legal team, you can navigate the dissolution of your marriage while keeping your career on course.
Frequently Asked Questions
How is a Coast Guard divorce legally different from an Air Force divorce? The main difference is the governing department. The Air Force is Department of Defense (DoD), while the Coast Guard is Department of Homeland Security (DHS). This means they follow different administrative instructions for things like family support (COMDTINST M1000.6A) and have different payroll systems. A Tampa military divorce lawyer must be familiar with these DHS-specific rules to properly handle the case.
Do I have to pay child support if I am underway and there is no court order? Yes. Coast Guard policy (COMDTINST M1000.6A) requires members to provide adequate support to their dependents. Failure to do so can lead to administrative discipline or a negative entry in your record. Your Tampa military divorce lawyer can help you calculate a fair amount to pay until the Florida court enters a formal order, which protects your career from command interference.
Can my spouse get a portion of my Career Sea Pay? In Florida, Sea Pay is considered part of your gross income for calculating child support and alimony. However, because Sea Pay is often temporary and tied to a specific assignment, a Tampa military divorce lawyer can argue that it should not be treated as “permanent” income. This prevents you from being stuck with a high support obligation when you move to a shore-side assignment.
What happens if I get a PCS order during my divorce in Tampa? If you receive orders to move away from Sector St. Petersburg, you must comply with Florida’s relocation statute (Section 61.13001). This requires you to give formal notice to the other parent. If they object, you must get a court order allowing the move. A Tampa military divorce lawyer will argue that your military orders constitute a “good faith” reason for the move.
How is my Coast Guard pension divided? Like all military branches, the “Frozen Benefit Rule” applies. The court values the pension based on your rank and years of service at the time of the divorce. Because the Coast Guard uses a different payroll system than the DoD, your Tampa military divorce lawyer must ensure the court order is sent to the Coast Guard Finance Center in Topeka, Kansas, rather than DFAS.
Does the SCRA protect me from custody hearings while I am on a cutter? Yes. If your duties prevent you from appearing in court, the Servicemembers Civil Relief Act (SCRA) allows for a stay of the proceedings. Your Tampa military divorce lawyer will file a motion with the court and provide a letter from your command confirming that you are underway and cannot participate, ensuring your rights are protected until you return to port.
Can my ex-spouse stay on TRICARE after the divorce? No, their coverage ends on the day the divorce is final unless they meet the 20/20/20 rule. Because many Coast Guard families in Tampa use civilian providers, this transition can be a major issue. Your Tampa military divorce lawyer will factor the cost of the spouse’s new health insurance into the overall financial settlement.
What is a Family Care Plan, and does it help with my custody case? A Family Care Plan is a military requirement that shows who will care for your children if you are deployed. While it is important for the Coast Guard, it is not a legal custody order. You need a Florida parenting plan that mirrors your FCP to ensure that your custody rights are enforceable in civil court.
Can my commander punish me for my divorce? A commander cannot punish you for getting a divorce, but they can take administrative action if you fail to support your family or if you are involved in domestic violence. A Tampa military divorce lawyer will act as a liaison between you and your command at Sector St. Petersburg to ensure they know you are handling your legal obligations correctly.
Why is it important to have a military-specific lawyer in Tampa? General civilian lawyers often don’t know the difference between DHS and DoD regulations. A Tampa military divorce lawyer understands the specific pay codes, the SCRA protections, and the administrative nuances of the Coast Guard, ensuring that your military benefits and your career are fully protected during the divorce process.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.