The dissolution of a marriage is a complex legal undertaking, but when both spouses are active duty service members, the proceedings enter a realm of unique jurisdictional, administrative, and logistical challenges. In a city like Tampa, which is home to MacDill Air Force Base and major commands such as USCENTCOM and USSOCOM, dual-military couples are a significant part of the community. These families face the distinct pressure of balancing two demanding military careers while attempting to create a stable future for their children. Navigating the intersection of Florida family law and federal military regulations requires the precision of a Tampa military divorce lawyer who understands that a standard parenting plan is often insufficient for those who serve.
The Jurisdictional Complexity of Dual-Military Dissolution
For most civilians, filing for divorce is a matter of residing in a specific county for a set period. For dual-military couples, however, the question of where to file is the first major hurdle. Under Florida law, at least one spouse must have resided in the state for six months prior to filing. Military members have the additional option of filing in their state of legal residence, which is often their home of record.
When both spouses are in the military, they may have different states of legal residency despite both being stationed in Tampa. This can lead to a “race to the courthouse” if one state has more favorable laws regarding alimony or property division. A Tampa military divorce lawyer must evaluate the Servicemembers Civil Relief Act (SCRA) to ensure that neither party is unfairly disadvantaged by their service obligations during the initial filing phase. The SCRA allows for stays of proceedings if military duties prevent a service member from participating in the litigation, a protection that is frequently invoked in dual-military cases where one or both parties may be preparing for a deployment or an out of state training exercise.
Crafting the Military Family Care Plan and Legal Parenting Plan
Every dual-military couple is required by their respective branch to maintain a Military Family Care Plan. This is an administrative document that outlines who will care for the children if both parents are deployed or called away on short notice. While this is a requirement for the military, it is not a legally binding custody order in the eyes of a Florida family court.
The challenge lies in reconciling the military’s requirement for a care plan with the court’s requirement for a permanent parenting plan. A Tampa military divorce lawyer works to ensure that the final judgment of dissolution incorporates the realities of military life. This includes “contingency timesharing” provisions. If one parent is deployed, the parenting plan should automatically shift to provide the other parent with 100 percent timesharing, while also designating how the deployed parent will maintain contact with the child via electronic means. Because both parents are subject to the needs of the military, the plan must be flexible enough to account for the possibility of both parents being deployed simultaneously, which usually involves designating a non military family member as a temporary guardian.
Basic Allowance for Housing (BAH) and Dual-Military Financials
Financial support in a dual-military divorce is notably different from civilian cases, particularly regarding the Basic Allowance for Housing (BAH). When two service members are married, they generally receive BAH at the “without dependents” rate unless they have children, in which case one parent receives BAH at the “with dependents” rate.
Upon divorce, the transition in BAH status can significantly impact the “net income” used to calculate child support under Florida’s guidelines. Florida law considers BAH as part of a service member’s gross income for support purposes, even though it is a non taxable allowance. A Tampa military divorce lawyer must meticulously calculate how the change in housing status and the potential loss of shared household income will affect the final support numbers. If one parent is living on base and the other is off base, the disparity in disposable income can be substantial. Furthermore, military regulations regarding “interim support” (such as AR 608-99 for the Army) may apply until a formal court order is entered, and failure to comply with these regulations can lead to administrative discipline for the service member.
Timesharing Obstacles: The PCS and Deployment Factor
The greatest point of contention in dual-military divorces is often the Permanent Change of Station (PCS). Unlike civilian parents who might stay in the Tampa area for decades, service members are subject to relocation every two to three years. When both parents are service members, the likelihood of one or both being ordered to move out of Florida is nearly certain.
Florida Statutes Section 61.13001 governs the relocation of parents. If a parent is moving more than 50 miles away for more than 60 days, they must obtain written consent from the other parent or a court order. In a dual-military case, a “military necessity” for relocation is often viewed as a compelling reason by the court, but it does not automatically override the other parent’s rights. A Tampa military divorce lawyer must advocate for a parenting plan that includes long distance timesharing schedules, specifying who will bear the cost of travel and how holidays will be divided when the parents are stationed in different time zones. The goal is to create a “step down” or “reintegration” plan for when a parent returns from a long deployment to ensure the child’s stability is maintained.
The Servicemembers Civil Relief Act (SCRA) in High-Conflict Cases
In a high-conflict dual-military divorce, the SCRA can sometimes be used as a strategic tool. The Act is intended as a shield to protect service members from default judgments while they are serving, but in some cases, it can be used to indefinitely delay proceedings. When both parties are in the military, they may take turns requesting stays based on their respective training and deployment schedules.
To prevent the case from stalling for years, a Tampa military divorce lawyer must be proactive in requesting “limited appearances” or telephonic hearings. Florida courts have become much more adept at using technology to allow service members to testify from remote locations. By proving to the court that a stay is not “materially necessary” because the service member can participate via video conference, the legal process can move forward. This is essential for resolving temporary support and timesharing issues that cannot wait for a two year deployment to end.
Dividing Two Military Pensions
In a dual-military marriage, both spouses may be earning credits toward a military pension. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement pay is considered marital property that can be divided by a state court. Florida is an equitable distribution state, meaning the court aims to divide marital assets fairly.
The complexity arises in “offsetting” the two pensions. If both spouses have served for a similar amount of time, they may agree to waive their interest in the other’s pension to keep their own retirement intact. However, if there is a significant discrepancy in years of service or rank, a formal division may be necessary. A Tampa military divorce lawyer will ensure that the “Frozen Benefit Rule” is applied correctly. This 2017 federal rule changed how pensions are calculated in a divorce, essentially freezing the value of the pension at the time of the divorce rather than the time of retirement. This protects the service member’s future promotions and raises from being shared with the former spouse.
Healthcare and TRICARE Eligibility
Healthcare is a primary benefit of military service. In a dual-military divorce, both parties remain eligible for TRICARE as long as they remain on active duty. However, their status as “dependents” or “sponsors” changes. The children will remain eligible for TRICARE, but the parents must decide who will be the primary sponsor for the children’s enrollment.
This decision is often tied to the parenting plan. While TRICARE provides excellent coverage, navigating the military medical system can be difficult for a non military caregiver. In a dual-military situation, the parent with primary timesharing often manages the medical appointments. A Tampa military divorce lawyer will include language in the final judgment that requires the “sponsor” parent to maintain the children’s enrollment in DEERS and to provide the other parent with all necessary insurance cards and access codes. This prevents the “gatekeeping” of medical information that can occur in high-conflict splits.
The Thrift Savings Plan (TSP) and Equitable Distribution
In addition to the pension, most active duty members contribute to the Thrift Savings Plan (TSP). Like a civilian 401(k), the portion of the TSP contributed during the marriage is a marital asset. In a dual-military divorce, there are two TSPs to consider.
Valuing and dividing a TSP requires a Retirement Benefits Court Order (RBCO). This is a specialized document that is separate from the final judgment of divorce. If the TSPs are not divided correctly, it can lead to significant tax penalties or a loss of benefits. A Tampa military divorce lawyer will work with specialists to ensure that the division is done in a way that minimizes the tax impact for both parties. Often, if the values are similar, the parties may agree to an offset where one spouse receives more of a different asset (like equity in a Tampa home) in exchange for leaving the TSPs untouched.
Security Clearances and the Impact of Divorce
For many service members at MacDill Air Force Base, maintaining a security clearance is a requirement for their MOS or AFSC. High-conflict divorces can put these clearances at risk. Allegations of domestic violence, drug use, or financial instability can be reported to a commanding officer or a security manager, triggering an investigation.
In a dual-military divorce, both parties are aware of the weight of a security clearance. Unfortunately, this knowledge can be used as leverage. A Tampa military divorce lawyer must be prepared to defend against “career sabotage.” This includes seeking protective orders that prohibit the parties from making disparaging remarks to the other’s command or filing false reports with the IG. Protecting the professional standing of both parties is essential, as the loss of a clearance can lead to a loss of rank or separation from the service, which in turn affects child support and alimony.
Domestic Violence and Military Protective Orders (MPOs)
If allegations of domestic violence arise in a dual-military case, the situation becomes an administrative and legal emergency. Military commanders have the authority to issue Military Protective Orders (MPOs), which can prohibit a service member from going to certain locations or contacting certain people. However, an MPO is only enforceable on base.
To have protection off base, the victim must seek a Domestic Violence Injunction in a Florida civil court. When both parties are in the military, an injunction can have devastating effects on their careers, as federal law (the Lautenberg Amendment) prohibits anyone under a domestic violence restraining order from possessing a firearm. This can lead to a “forced” career change or discharge. A Tampa military divorce lawyer must navigate these high stakes with extreme care, ensuring that safety is the priority while also understanding the administrative consequences that a permanent injunction carries for a service member.
The 20/20/20 Rule in Dual-Military Scenarios
The “20/20/20 rule” allows a former spouse to keep TRICARE, commissary, and exchange privileges if the marriage lasted 20 years, the service member served for 20 years, and there was a 20 year overlap. In a dual-military divorce, this rule is less critical for the spouses themselves since they have their own benefits through their own service.
However, the rule can become relevant if one spouse is planning to retire or separate from the military before the other. Understanding the transition of benefits is part of the long term strategic planning required in these cases. If one spouse is close to hitting the 20 year mark, a Tampa military divorce lawyer might negotiate a delay in the finalization of the divorce to ensure that those lifetime benefits are secured. This is a common point of negotiation that provides long term security without costing the other spouse anything out of pocket.
Parenting When Both Parents are Deployed
The most difficult scenario for a dual-military couple is the simultaneous deployment. This is the “worst case scenario” that every Military Family Care Plan must address. From a legal standpoint, the Florida court needs to know who will have temporary custody during this period.
Usually, the parents agree on a grandparent or a sibling. However, if the parents cannot agree, the court must decide based on the best interests of the child. A Tampa military divorce lawyer will advocate for a “designated caregiver” provision in the parenting plan. This provision identifies the third party who will step in if both parents are unavailable. It should also outline the “rights” of that caregiver, such as the ability to consent to medical treatment or to enroll the child in school. By resolving this issue during the divorce, you avoid a frantic emergency hearing when orders are dropped.
Post-Divorce Modifications and Military Life
Military life is constant change. A parenting plan that works while both parents are stationed at MacDill may become unworkable when one is moved to a different coast. Florida law allows for the modification of child support and timesharing if there is a “substantial, material, and unanticipated change in circumstances.”
A PCS order is generally considered a substantial change. However, because military moves are a known part of the lifestyle, a Tampa military divorce lawyer will often build “self executing” modifications into the original plan. For example, the plan could state that if a parent is moved more than 250 miles away, the timesharing schedule automatically switches to a specific “long distance” schedule. This saves the parties the time and expense of returning to court every time the military issues new orders.
The Importance of Local Expertise in Tampa
Choosing a lawyer who understands the local judiciary is essential. The judges in Hillsborough County see many military cases, but dual-military cases require a higher level of technical knowledge. A Tampa military divorce lawyer knows which judges are most sympathetic to the challenges of deployment and which ones are strict regarding the relocation statutes.
Furthermore, a local attorney will have connections with forensic accountants and parenting coordinators who are familiar with military pay structures and the psychological impact of military life on children. This team based approach ensures that every aspect of the divorce—from the division of the TSP to the creation of the Family Care Plan—is handled with the necessary expertise. In a dual-military divorce, there is no room for error, as a mistake in the paperwork can lead to a loss of federal benefits or a violation of military regulations.
Conclusion: Strategy and Stability
A dual-military divorce is a marathon that requires meticulous planning and a deep understanding of both state and federal law. The goal is to create a legal framework that respects the service of both parents while providing the children with the stability they need. By focusing on detailed parenting plans, accurate financial calculations, and the protection of military benefits, a Tampa military divorce lawyer helps service members transition into their new lives without sacrificing their careers or their parental rights. In the high-pressure environment of the military, having a clear legal path forward is the only way to ensure that both parents can continue to focus on their mission while knowing their family’s future is secure.
Frequently Asked Questions
What happens to our BAH if we both remain in the military after the divorce? In a dual-military divorce, both service members will typically revert to the “without dependents” BAH rate unless they have children. Usually, the parent who has primary physical custody or who provides the majority of the support for the children will receive BAH at the “with dependents” rate. A Tampa military divorce lawyer can help clarify how this shift will affect your net income for child support calculations.
Can the military stop my divorce if I am deployed? The military itself cannot stop a divorce, but the Servicemembers Civil Relief Act (SCRA) allows you to request a stay of the legal proceedings if your military duties prevent you from participating in court. This is common during deployments or intense training cycles. Your lawyer will file a motion with the Florida court explaining why the stay is necessary and providing a date when you will be available to proceed.
Do we need two separate military pensions divided? In a dual-military divorce, both spouses’ pensions are marital assets to the extent they were earned during the marriage. You can choose to formally divide both, but often, a Tampa military divorce lawyer will negotiate an “offset” where each spouse keeps their own pension. This is especially common if the spouses have similar ranks and years of service, as it simplifies the process and avoids future administrative hurdles with DFAS.
How does a PCS affect my parenting plan in Tampa? A Permanent Change of Station (PCS) is considered a significant change in circumstances. If you receive orders to move out of the Tampa area, you must comply with Florida’s relocation statute. This involves either getting written consent from your ex-spouse or obtaining a court order. A well-drafted parenting plan will already include provisions for what happens during a PCS to minimize the need for future litigation.
Who gets the children if both dual-military parents are deployed at the same time? This is a critical issue that must be addressed in your Military Family Care Plan and your legal parenting plan. Usually, parents designate a trusted family member, such as a grandparent, to take temporary custody. A Tampa military divorce lawyer will ensure this designation is legally binding so the caregiver has the authority to make medical and educational decisions while both parents are serving overseas.
Is child support calculated differently for dual-military couples? The formula for child support follows the Florida guidelines, but the “income” inputs are unique. Military income includes base pay, BAH, and BAS. Even though some of these are non taxable, they count as income in the eyes of the family court. When both parents are in the military, the court looks at the total income of both parties to determine the support obligation.
Can my ex-spouse report me to my commander during the divorce? While your ex-spouse has the ability to contact your command, most Tampa military divorce lawyers will seek a non disparagement order to prevent this. Using a spouse’s military career as leverage is a form of litigation abuse. If your commander is contacted regarding the divorce, it is usually best to be proactive and provide them with a brief, professional update on the status of the legal proceedings.
What is the “Frozen Benefit Rule” in military retirement division? The Frozen Benefit Rule is a federal law that requires the value of a military pension to be calculated based on the service member’s rank and years of service at the time of the divorce, rather than at the time they eventually retire. This prevents a former spouse from benefiting from promotions or pay raises that the service member earns after the marriage has ended.
How is the Thrift Savings Plan (TSP) divided between two service members? The TSP is divided using a Retirement Benefits Court Order (RBCO). Each spouse is entitled to a portion of the other’s TSP that was contributed during the marriage. In dual-military cases, the parties often agree to an equitable offset to avoid the complexity of two separate RBCOs, but your Tampa military divorce lawyer will ensure the values are accurately assessed first.
Will I lose my TRICARE if I divorce my military spouse? If you are also an active duty service member, you will not lose your TRICARE, but your status will change from a dependent to a sponsor. You will continue to have your own coverage through your own service. If you separate from the military, you would only keep TRICARE through your ex-spouse if you meet the 20/20/20 rule requirements.
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.