Military families in Tampa face unique legal and logistical challenges when navigating divorce. From deployments and pensions to housing and child custody, the legal framework surrounding military divorce is complex—and frequently misunderstood. Unfortunately, misinformation spreads quickly among service members and spouses, creating persistent “military divorce myths” that can derail a case, cost thousands in legal fees, or permanently damage one party’s financial future.
Whether you’re a service member or a military spouse, falling victim to these myths can create unnecessary conflict, delay, or loss of legal rights. Understanding what the law actually says—and how Florida courts enforce it—is essential to protecting your interests. A qualified Tampa divorce lawyer can help dismantle common myths and replace them with practical, legally sound strategies.
Below, we expose and explain the most common military divorce myths in Tampa and the serious legal risks they pose.
Myth #1: You Can’t File for Divorce in Tampa If You’re Stationed Elsewhere
Reality: If you’re a legal resident of Florida, you can still file for divorce in Tampa—even if you’re stationed in another state or overseas. Florida law only requires that one spouse be a resident of Florida for at least six months prior to filing.
Military service members often maintain Florida as their “home of record” for tax and legal purposes, which qualifies them to file for divorce in Tampa regardless of their current duty station. A Tampa divorce lawyer will confirm your eligibility and handle the filing locally.
Risk: Believing you can’t file in Florida could lead to jurisdictional delays or cause your spouse to file in a less favorable jurisdiction first.
Myth #2: Military Pensions Can’t Be Divided in Divorce
Reality: Military pensions are divisible in a Florida divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts like those in Tampa to treat military retired pay as marital property, subject to equitable distribution.
Florida courts typically use a coverture fraction to determine the marital share of the pension. The only limitation is whether the court has jurisdiction over the service member under USFSPA rules.
Risk: Believing this myth may lead a spouse to waive a valuable asset or accept a lower settlement. A Tampa divorce lawyer will ensure military retirement is properly valued and equitably distributed.
Myth #3: The “10/10 Rule” Means You Must Be Married 10 Years to Get a Share of the Pension
Reality: The 10/10 rule only determines whether DFAS will make direct payments to the former spouse. It does notgovern whether the pension can be divided. A Florida court can award a share of a military pension in a divorce even if the marriage lasted less than 10 years.
Risk: Believing this myth may cause a spouse to walk away from a pension award entirely. A Tampa divorce lawyer can clarify your rights regardless of how long you were married.
Myth #4: VA Disability Benefits Are Divisible in Divorce
Reality: VA disability compensation is not divisible as marital property. This protection comes from federal law and is reinforced by U.S. Supreme Court precedent.
However, VA benefits can be considered income for purposes of child support or alimony. They also affect how much disposable retired pay is available for division.
Risk: Assuming that disability pay will be split may lead to unrealistic settlement expectations. A Tampa divorce lawyer will help calculate true net benefits and recommend indemnity provisions if needed.
Myth #5: You Can Stay in Base Housing After Divorce
Reality: Base housing is only available to active-duty service members and their dependents. Once the divorce is finalized, a former spouse is no longer a dependent and must vacate base housing—usually within 30 days.
This rule is federally enforced and not subject to Florida court orders.
Risk: Misunderstanding this policy can result in eviction or unplanned financial hardship. A Tampa divorce lawyer will help arrange for alternative housing or negotiate transitional support in advance.
Myth #6: Florida Courts Can Order DFAS to Divide Combat-Related Special Compensation (CRSC)
Reality: CRSC is considered disability-based compensation and is not divisible in divorce. Courts cannot award it to a spouse or order DFAS to split it.
If a service member elects CRSC post-divorce, it may reduce the former spouse’s share of retirement. The solution is to include indemnity language in the divorce decree.
Risk: Ignoring this distinction can result in lost income and future litigation. A Tampa divorce lawyer will anticipate CRSC elections and structure enforceable protections.
Myth #7: Deployment Automatically Affects Custody Rights
Reality: Deployment alone is not grounds to modify a parenting plan permanently. Florida law provides that temporary military duty cannot be used to change custody unless it’s in the child’s best interest and due process is followed.
The deployed parent may designate a substitute for visitation during deployment, such as a grandparent or stepparent, with court approval.
Risk: Believing that deployment equals forfeiture of custody can lead to unnecessary time-sharing disputes. A Tampa divorce lawyer can preserve custody rights during and after deployment.
Myth #8: BAH Doesn’t Count as Income for Support
Reality: Basic Allowance for Housing (BAH) is a tax-free benefit, but it is considered income for child support and alimony calculations in Florida. Courts evaluate total compensation—not just base pay.
BAH increases income, lowers out-of-pocket expenses, and therefore influences support obligations.
Risk: Failing to account for BAH can result in underpayment or overpayment of support. A Tampa divorce lawyer will use LES statements and military finance documents to determine accurate income.
Myth #9: Service Members Don’t Have to Participate in the Divorce While Deployed
Reality: The Servicemembers Civil Relief Act (SCRA) can delay proceedings if a deployed service member is unable to participate, but it does not exempt them from the divorce.
They must request the stay, show military necessity, and provide documentation. Courts can proceed without them if they don’t assert their rights under SCRA.
Risk: Assuming deployment is a legal shield can result in default judgments or lost rights. A Tampa divorce lawyer can file SCRA motions properly and protect due process.
Myth #10: Military Divorce Means You Automatically Get TRICARE
Reality: Continued TRICARE eligibility after divorce depends on the 20/20/20 rule: 20 years of marriage, 20 years of service, and 20 years of overlap.
If these conditions aren’t met, the non-military spouse loses TRICARE eligibility, though they may qualify for temporary CHCBP coverage.
Risk: Relying on TRICARE after divorce without confirming eligibility can result in gaps in coverage. A Tampa divorce lawyer can address healthcare transitions in the settlement.
Myth #11: The Military Enforces Divorce Agreements
Reality: Divorce agreements are enforced by state courts, not the military. Commanders may intervene in cases of misconduct or abuse, but they do not enforce support orders or property divisions.
However, DFAS can implement wage garnishments and direct pension payments once ordered by the court.
Risk: Relying on the military to enforce divorce terms delays legal remedies. A Tampa divorce lawyer will use the proper civil enforcement mechanisms.
Myth #12: Only the Active-Duty Spouse Can Decide Where to File
Reality: Either spouse can initiate the divorce in a jurisdiction where they meet residency requirements. The active-duty spouse does not control venue or filing options.
Filing first can provide strategic advantages, including selection of court, judge, and initial pleadings.
Risk: Believing you must wait for the service member to file can compromise your legal position. A Tampa divorce lawyer can evaluate jurisdictional strategy and file first when appropriate.
Myth #13: Child Custody Orders from Other States Automatically Apply in Florida
Reality: Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which requires domestication of out-of-state orders before enforcement.
A Florida court will only have jurisdiction if Florida is the child’s home state or if another state relinquishes jurisdiction.
Risk: Attempting to enforce foreign custody orders without proper procedure can waste time and be denied. A Tampa divorce lawyer can domesticate the order and enforce it locally.
Myth #14: You Can’t Get Alimony in a Military Divorce
Reality: Alimony is available in Florida military divorces and is based on the same factors as civilian cases—need and ability to pay.
Military compensation (including BAH, BAS, special pays) is considered income for alimony purposes.
Risk: Assuming alimony is unavailable may lead to unfair settlements. A Tampa divorce lawyer can pursue spousal support tailored to military income.
Myth #15: If You Remarry, You Lose All Divorce Benefits
Reality: Some benefits do end upon remarriage, such as certain forms of alimony and SBP eligibility. However, others—like a share of the pension awarded in the divorce—remain.
SBP coverage may be terminated if the former spouse remarries before age 55, unless the plan allows for reinstatement. Alimony may also terminate automatically, depending on terms of the final judgment.
Risk: Misunderstanding remarriage consequences can lead to accidental forfeiture of rights. A Tampa divorce lawyer will clarify what survives and what doesn’t.
FAQ: Legal Risks of Military Divorce Myths in Tampa
Q: Can a Tampa divorce lawyer divide a military pension if we were married less than 10 years?
A: Yes. The 10/10 rule only affects DFAS direct payment, not eligibility to divide the pension.
Q: Does deployment automatically change time-sharing or custody?
A: No. Florida law prohibits permanent changes to custody based solely on deployment.
Q: Is BAH included in support calculations?
A: Yes. BAH is considered income for child support and alimony purposes in Florida.
Q: Can I keep TRICARE after divorce?
A: Only if you meet the 20/20/20 rule. Otherwise, temporary coverage may be available through CHCBP.
Q: Is CRSC divisible in a Tampa divorce?
A: No. Combat-Related Special Compensation is protected from division, but indirect remedies like indemnity may be available.
Q: If I’m stationed elsewhere but a Florida resident, can I file for divorce in Tampa?
A: Yes. As long as you meet Florida’s residency requirement or maintain legal domicile, you may file in Tampa.
Q: Do Florida courts enforce military divorce settlements?
A: Yes. Florida courts enforce all legal terms. The military does not intervene directly in enforcement.
Q: Is VA disability counted in support?
A: It’s not divisible but can be included as income for support calculations.
Q: Will my military benefits be impacted by divorce?
A: Yes, especially if you’re dividing retirement, paying support, or losing dependent status for housing or TRICARE.
Q: What should I do if my spouse believes one of these myths?
A: Contact a Tampa divorce lawyer immediately to ensure the court has accurate information and the case is handled properly.
The McKinney Law Group: Focused Legal Representation for Military Divorce in Tampa
When divorce involves military service, it takes more than standard legal advice. At The McKinney Law Group, we provide tailored support for Tampa military families, with a focus on honest guidance and lasting legal solutions.
We help with:
✔ Understanding the impact of military service on divorce proceedings
✔ Equitably dividing military pensions, benefits, and entitlements
✔ Crafting parenting plans that account for deployment and relocation
✔ Navigating jurisdiction across state or international lines
✔ Planning for a stable and confident transition
To schedule a consultation, call 813-428-3400 or email [email protected] today.