In military divorces, service-related pay and benefits play a central role in equitable distribution. While most spouses are familiar with the idea of dividing a military pension, fewer understand the full range of military income that may be subject to division. When it comes to deployment pay, hazard pay, family separation allowance, imminent danger pay, and other special allowances, questions often arise about whether these funds are marital property and how courts in Florida handle them in divorce.
These forms of pay may be temporary, non-taxable, or tied to specific assignments—but they still have real value. And if they were earned during the marriage, they may be included in equitable distribution, regardless of their duration or tax treatment. Understanding how these income streams are handled can significantly affect your divorce settlement. A knowledgeable Tampa divorce lawyer can ensure your rights are protected and that all military pay is evaluated correctly under Florida law.
This article explains what counts as divisible income, how special pay is treated in Florida divorces, and the strategies involved in evaluating and dividing it fairly.
Understanding Marital Property in Florida
Florida follows the principle of equitable distribution. This means that all assets and debts acquired during the marriage are divided fairly—though not always equally—between the spouses at divorce.
The key rule is this: any income earned during the marriage is presumed marital, regardless of which spouse earned it, where it was earned, or whether it was deposited into a joint account.
This includes:
- Base military pay,
- Allowances (BAH, BAS),
- Special duty pay,
- Bonuses,
- Incentive pay,
- Combat zone tax exclusions.
Special military pay often fits into this category and should not be overlooked. A Tampa divorce lawyer will conduct a full review of all military income streams to ensure an accurate inventory of marital assets.
Deployment Pay: What It Is and How It’s Treated
Deployment pay refers to additional compensation a service member receives while deployed. It typically includes:
- Family Separation Allowance (FSA) – $250/month when a service member is away from dependents for more than 30 days.
- Imminent Danger Pay (IDP) – $225/month when assigned to a designated dangerous area.
- Hardship Duty Pay (HDP) – Up to $150/month, depending on conditions.
- Combat Zone Tax Exclusion (CZTE) – Excludes base pay and some allowances from federal taxes during service in combat zones.
- Hostile Fire Pay – $225/month when exposed to hostile fire or explosions.
Although these payments may be temporary and situation-dependent, they are marital income if earned during the marriage. A Tampa divorce lawyer can ensure that all deployment-related compensation is accounted for in equitable distribution and in support calculations.
The Myth That Deployment Pay Is Non-Marital
One of the most common misconceptions is that deployment pay belongs only to the service member because it is “hazard-related” or “earned under extreme conditions.” This is not how Florida law treats income.
Courts consistently hold that effort-based compensation during the marriage is marital property, even if it was earned in a combat zone or through special qualifications. The same is true of overtime, bonuses, or hazard-based incentives in civilian jobs.
While the court may consider the hardship of deployment when dividing property, that does not change the classification of the pay itself. A Tampa divorce lawyer will dispute any attempt to exclude deployment pay from division based on emotional arguments.
Tracking and Identifying Special Military Pay
Many military pay categories are not itemized clearly in basic income disclosures. It’s essential to obtain:
- Leave and Earnings Statements (LES) for every month of the marriage,
- Deployment orders and documentation of locations served,
- DFAS summaries and W-2 records,
- Tax returns to identify CZTE impacts.
These documents reveal what portions of a service member’s pay were:
- Base pay,
- Non-taxable allowances,
- Deployment-related,
- Bonuses or special duty incentives.
Without this documentation, you may miss significant portions of marital income. A Tampa divorce lawyer will conduct discovery, issue subpoenas if necessary, and work with forensic experts to reconstruct income accurately.
Timing Matters: What If the Deployment Ends Before the Divorce Is Filed?
If the service member completed deployment before the divorce petition was filed, the pay received during that deployment is still marital—because it was earned during the marriage.
Equitable distribution includes past earnings and accumulations, even if the event is over. This means:
- Back pay from a deployment earned during the marriage is marital,
- Bonuses or incentive payments received after filing but based on marital effort may be partially marital,
- Future deployments may affect income but not property division unless the income is realized before filing.
The key question is when the effort was made and when the pay was earned, not when it was received. A Tampa divorce lawyer ensures the distribution reflects actual marital labor, not arbitrary timing.
How Florida Courts Treat Tax-Exempt and Temporary Pay
Some service members believe that because certain pay—like CZTE—is tax-exempt, it is also exempt from divorce. This is not true.
Florida courts consider gross income, not taxable income, when dividing property or calculating child support. Just because a paycheck is non-taxable doesn’t mean it’s invisible.
Temporary pay is also not excluded. Even if deployment pay was received for only six months, that pay counts. The fact that it may no longer be received at the time of divorce is relevant to future support calculations, but not to the classification of income earned during the marriage.
A Tampa divorce lawyer will present this legal standard clearly to the court to prevent exclusion of valid assets.
Division of Banked Deployment Pay
If the service member banked their deployment pay during the marriage—perhaps saving up for a vehicle or retirement—that savings is also marital property. Whether the money is:
- In a checking account,
- Used to pay down debt,
- Invested in a TSP or IRA,
- Transferred into a separate account,
It remains marital unless it is clearly traced to a non-marital source. A Tampa divorce lawyer will argue for the inclusion of these funds and prevent improper claims of “separate” property without legal basis.
Using Deployment Pay in Child Support and Alimony
In Florida, child support and spousal support are based on net monthly income—which includes base pay and all allowances.
Deployment pay is considered:
- Income for child support,
- Income for alimony (if applicable),
- Income in temporary relief hearings.
Judges may consider that deployment pay is temporary and may adjust support accordingly. However, if the service member is receiving it at the time of the hearing or settlement, it must be disclosed and included in the calculations.
Failing to include deployment-related pay can result in:
- Underpayment of support,
- Post-judgment enforcement,
- Recalculated arrears,
- Contempt findings for misrepresentation.
A Tampa divorce lawyer will ensure that all income is documented and properly disclosed in the financial affidavit.
The Impact of Deployment Pay on Temporary Support
Many divorces involve temporary support hearings shortly after filing. If a service member is deployed during this period, their income is typically higher than during peacetime. This can affect:
- Temporary alimony awards,
- Temporary child support obligations,
- Temporary payment of marital bills (mortgage, utilities, etc.).
It’s essential that courts recognize the temporary nature of this income. While the money is real, it should not be used to create long-term obligations that exceed realistic future earnings.
A Tampa divorce lawyer can request income averaging or limited-duration support orders when deployment pay inflates a party’s income temporarily.
Dividing Deployment Bonuses and Lump-Sum Incentives
Some deployments or assignments come with one-time bonuses or lump-sum payments, including:
- Enlistment or re-enlistment bonuses,
- Deployment extensions,
- Special duty assignments.
If the bonus was received during the marriage, it is marital. Even if received after the divorce petition is filed, if it was based on service during the marriage, it may be partly marital.
A Tampa divorce lawyer will evaluate:
- The purpose of the bonus,
- When the qualifying event occurred,
- Whether the payment was made for past, present, or future service.
Courts may apportion the bonus based on a percentage of the marital duration or order equal division depending on the circumstances.
Pre-Marital Deployment Pay and Tracing
If a service member was deployed before marriage and retained that pay in a separate account, it may be non-marital. But tracing is essential. To preserve that classification, the funds must:
- Be kept separate from joint accounts,
- Not be commingled with marital earnings,
- Be identifiable as originating from pre-marital efforts.
Once mixed with marital funds, the entire account may become marital by commingling. A Tampa divorce lawyer can present bank records, pay statements, and expert testimony to preserve or challenge non-marital classifications.
Can Deployment Pay Be Offset by Other Assets?
In equitable distribution, the court can offset one asset against another. For example:
- The civilian spouse may receive more of the home equity,
- The service member may keep a larger share of the retirement,
- Personal property may be divided unequally to account for temporary income.
However, deployment pay cannot be ignored simply because other assets exist. It must be acknowledged, valued, and considered in the overall division of property.
A Tampa divorce lawyer will build a fair division proposal that reflects deployment income without double-counting or unfair exclusion.
Handling Disputes Over Special Pay Classification
One of the most contentious issues in military divorces is how to classify pay types. Spouses may disagree over:
- Whether income was earned during the marriage,
- Whether it was earned before or after the date of filing,
- Whether it was compensation or reimbursement,
- Whether it was taxable or non-taxable.
Judges will look to documentary evidence to resolve these disputes, including:
- Pay stubs and LES records,
- Military orders and travel documents,
- Testimony from the service member,
- Bank account records and tax returns.
A Tampa divorce lawyer will compile this evidence and present a persuasive case that ensures your property rights are preserved.
Building Accurate Financial Affidavits with Special Pay
The Florida Family Law Rules require each party to file a financial affidavit disclosing income, expenses, assets, and debts. This document must include:
- All sources of military pay,
- Whether the income is taxable or non-taxable,
- Whether income is regular or temporary.
Omitting hazard pay, FSA, or other allowances may be seen as intentional misrepresentation and can lead to court sanctions.
A Tampa divorce lawyer will ensure that all pay categories are properly identified and disclosed, giving the court an accurate picture of income and available resources.
Settlement Options for Handling Special Military Pay
In settlement negotiations, deployment-related pay can be handled in several ways:
- Equal division of accounts holding the pay,
- Credit to one spouse in exchange for another asset,
- A lump-sum payout based on estimated value,
- Adjustments to spousal support instead of division.
The right approach depends on the case’s facts, including whether the deployment income is still available, whether it was spent on joint expenses, and the parties’ post-divorce financial needs.
A Tampa divorce lawyer will guide you in choosing the right strategy for your situation.
FAQ: Dividing Deployment and Special Military Pay in Divorce
Q: Is deployment pay considered marital property?
A: Yes. If earned during the marriage, it is subject to equitable distribution, just like base pay.
Q: What about non-taxable allowances like CZTE and FSA?
A: These are still considered income and are marital property if earned during the marriage.
Q: Can hazard pay be excluded because of the risk involved?
A: No. Courts focus on when the income was earned—not how dangerous the job was.
Q: How can I prove my spouse received special pay?
A: Through LES statements, DFAS records, and deployment orders. Your Tampa divorce lawyer can subpoena these documents.
Q: What if the pay was received after we filed for divorce?
A: It may still be marital if earned from service or deployments that occurred during the marriage.
Q: Can I request more of another asset instead of splitting deployment pay?
A: Yes. Courts may offset property to achieve equitable distribution.
Q: What if deployment pay was saved in a separate account?
A: It is still marital if earned during the marriage—unless it was clearly separate and not commingled.
Q: Can this pay be counted toward alimony or child support?
A: Yes. It is included in the calculation of income for support purposes.
Q: What if my spouse didn’t disclose their deployment income?
A: Your Tampa divorce lawyer can file a motion to compel disclosure and possibly seek sanctions.
Q: Is temporary income ever excluded from support calculations?
A: Judges may adjust support if the income is truly temporary, but it must still be disclosed and addressed.
The McKinney Law Group: Divorce Attorneys in Tampa for Those Who Serve and Their Families
Military divorce involves more than just Florida law—it requires a deep understanding of federal protections, benefits, and time-sharing logistics. At The McKinney Law Group, we help service members and spouses in Tampa navigate divorce with focus, strategy, and respect.
We handle matters such as:
✔ Dividing military pensions and survivor benefits under federal law
✔ Managing parenting plans affected by active duty or overseas deployment
✔ Ensuring legal compliance with the Servicemembers Civil Relief Act (SCRA)
✔ Resolving multi-jurisdictional issues due to PCS or reassignment
✔ Protecting your long-term interests with tailored legal solutions
Call 813-428-3400 or email [email protected] to schedule a consultation.