Military Divorce Lawyer Tampa, FL
If you or your spouse serve in the military and are facing divorce, we recognize that your situation involves issues civilian cases don’t, and we’re here to help. Our Tampa, FL military divorce lawyer at The McKinney Law Group has spent nearly 20 years handling Florida dissolution cases for service members, including those stationed at MacDill Air Force Base. Family law is our passion. Schedule a consultation to learn what your options are.
Why Choose The McKinney Law Group for Military Divorce in Tampa, FL?
Military divorces involve federal statutes and regulations that layer on top of Florida family law. The Servicemembers Civil Relief Act affects how cases can proceed when one party is deployed. The Uniformed Services Former Spouses’ Protection Act governs division of military retired pay. Survivor Benefit Plan elections, Thrift Savings Plan accounts, and residency questions for service members stationed away from their home of record each have their own considerations. We handle the intersection between those federal rules and Florida’s dissolution framework directly.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, was admitted to the Florida Bar in 2006 and has built his practice around marital and family law. He earned his Juris Doctor at Stetson University College of Law in 2005 and holds a Bachelor of Arts in Psychology from Florida State University. Military families often face divorce during periods of real pressure, including pending deployments, station changes, or the transition to civilian life after separation from service. Damien brings both the legal and interpersonal sides of the work to each case, and he serves as a family lawyer in Tampa, FL representing military and civilian clients across the region.
Experience With MacDill and Central Florida Military Families
MacDill Air Force Base is home to active duty members, contractors, and retirees connected to multiple commands. We represent members of every branch stationed in the Tampa Bay area, including Army, Navy, Air Force, Marines, Coast Guard, and National Guard personnel, along with their spouses. The specific issues that come up in military divorces, like jurisdiction, deployment scheduling, federal retirement division, and benefits continuation, are familiar territory for the firm.
Professional Recognition
Damien has been selected as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section.
“Mr. McKinney was exactly what I was looking for. He was able to answer my questions completely and without rush. It was helpful to get a clearer idea of the process and what was involved. I look forward to working with him more in the future.” – Carrie Wallick
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A Civil, Principled Approach
Military divorces often stretch across distance, deployment, and competing schedules. We work to keep cases moving even when the service member is posted away, and we raise real issues directly rather than letting disputes pile up between appearances. That approach helps cases resolve without the added cost that long-running litigation tends to produce.
Types of Military Divorce Cases We Handle in Tampa
Our military divorce practice covers every kind of dissolution case involving service members, retirees, and military spouses. We represent both the service member and the non-military spouse depending on who we’re engaged by, and we coordinate with the specific federal rules each case requires.
- Active Duty Divorces. Service members on active duty face specific issues around residency, jurisdiction, and SCRA protections. We handle filings and defenses that account for those rules from the start.
- Divorces Involving Deployed Service Members. Deployment affects timing, notice, and the ability to participate in proceedings. The SCRA provides protections that have to be addressed properly.
- Retired Military Divorces. Retirees connected to MacDill and elsewhere often have significant retirement assets subject to division. We handle the coordination with federal rules governing division of military retired pay.
- Divorces Involving Reserves and National Guard. Reservists and Guard members face their own mix of civilian and military considerations, particularly when they have been activated or are subject to mobilization.
- Military Spouse Divorces. Non-military spouses have specific rights and potential benefits tied to the service member’s career. We represent military spouses through the dissolution and the division of federal benefits.
- Military Timesharing and Parental Responsibility. Deployment, PCS orders, and training cycles create unique timesharing challenges. We build custody and time sharing plans that account for the service member’s duty requirements.
- Division of Military Retired Pay. The USFSPA sets the framework for dividing military retired pay between service members and former spouses. Accurate calculations and proper court orders are essential.
- Survivor Benefit Plan Elections. SBP elections affect the former spouse’s entitlement to continued benefits after the service member’s death. These elections need to be handled carefully as part of the divorce.
- Thrift Savings Plan and Federal Retirement Accounts. TSP accounts and other federal retirement vehicles each have their own division rules, often requiring specific retirement benefits court orders.
- High-Asset Divorces. Senior officers, certain NCOs, and retirees may have significant marital estates involving multiple retirement accounts, investment holdings, or business interests acquired during the marriage.
Florida Legal Requirements for Military Divorce
Florida’s dissolution framework applies to military divorces alongside federal statutes that govern specific issues. Knowing which set of rules applies to each question shapes how the case gets handled.
Residency. Under Florida Statutes § 61.021, one party must have been a Florida resident for six months before filing. For service members, residency can be established through continuous presence in Florida, maintenance of a Florida domicile during assignments elsewhere, or other recognized indicators of residency. Stationing at MacDill is one factor but is not always determinative on its own.
Servicemembers Civil Relief Act. The SCRA is a federal statute that provides protections for active duty service members involved in civil litigation. Courts can stay proceedings when military duty materially affects a service member’s ability to participate. The statute also protects against default judgments entered while a service member is deployed.
Uniformed Services Former Spouses’ Protection Act. The USFSPA is the federal law that authorizes state courts to divide military retired pay as marital property. The statute establishes specific requirements, including the 10/10 rule for direct payments from the Defense Finance and Accounting Service, which applies when the parties were married at least 10 years during 10 or more years of creditable military service.
Equitable Distribution of Military Assets. Under Florida Statutes § 61.075, military retirement benefits earned during the marriage are marital property subject to equitable distribution. The portion earned before the marriage or after the cut-off date is generally nonmarital.
Alimony in Military Divorces. Under Florida Statutes § 61.08, Florida’s 2023 alimony reform applies in military cases the same way it applies in civilian cases. Military pay, including BAH, BAS, and special pays, is considered in the need and ability-to-pay analysis.
Child Support for Military Families. Florida Statutes § 61.30 governs child support in military cases. Gross income for support purposes includes military base pay, BAH, BAS, and most special pays. The calculation produces a presumptive amount that the court can deviate from only with written findings.
Timesharing and Deployment. Under § 61.13, timesharing decisions must serve the best interest of the child. Florida law accommodates deployment through specific provisions that allow temporary modifications during deployment periods and restoration of the prior schedule when the service member returns.
Jurisdiction Considerations. Military families often have ties to multiple states. Jurisdiction over divorce, custody, and support issues can involve coordination under the UCCJEA and UIFSA. Service members can sometimes file in their state of legal residence even when stationed elsewhere.
Key Components of a Tampa Military Divorce Case
Military divorces succeed when the federal and state pieces get handled together rather than separately. The components below shape outcomes.
Establishing Jurisdiction and Residency
Before anything else, the court has to have jurisdiction and the filing party has to satisfy residency requirements. For service members, that analysis can be more involved than for civilian parties, particularly when the service member has been stationed at multiple locations or maintains residency ties to another state.
Coordinating Federal and State Rules
Military divorces combine Florida’s dissolution framework with federal statutes like the SCRA and USFSPA. We identify which federal provisions apply to each issue and align the state court filings with those requirements so the final judgment actually accomplishes what it’s meant to.
Handling Retirement and Benefit Division Correctly
Division of military retired pay requires specific language in the final judgment and, often, a separate military pension division order. SBP elections, TSP transfers, and other federal benefit divisions each follow their own rules. Getting the orders right on the front end prevents problems with DFAS or other federal agencies later.
Building Deployment-Aware Parenting Plans
For service members with minor children, parenting plans need to address deployment, PCS moves, training schedules, and the restoration of regular timesharing when duty obligations end. Plans drafted with those realities in mind hold up better through the service member’s career.
Avoiding Damaging Mistakes
Several patterns create lasting problems in military divorces. Filing a dissolution while a spouse is deployed without following SCRA requirements can result in the judgment being set aside. Agreeing to a retirement division provision that doesn’t comply with USFSPA or DFAS requirements can leave the spouse unable to receive direct payment later. Missing the 10/10 rule analysis can affect how retirement benefits actually get paid. Failing to address SBP elections in the final judgment can foreclose continued benefits after the service member’s death. Posting details about the case on social media creates evidence the other side will use. We address each of these issues at the start of representation.
Contact The McKinney Law Group
Military divorces involve the intersection of Florida family law with federal rules that affect retirement, benefits, and the timing of the proceedings themselves. Whether you’re an active duty service member, a retiree, or a military spouse, we’re here to protect your rights and help you move forward with confidence. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation. We are the right choice for your family law matters.