Understanding Military Benefits in a Florida Divorce: Healthcare, Housing, and More

Item: The McKinney Law Group
Rating: 4.8
Author: Ann-Eliza Taylor

Understanding Military Benefits in a Florida Divorce: Healthcare, Housing, and More

When a military couple divorces in Florida, the division of assets goes beyond traditional marital property like homes and bank accounts. Military-specific benefits such as healthcare, housing allowances, and survivor benefits are significant considerations in a Tampa military divorce. Understanding how these benefits are treated during the divorce process is essential for both service members and their spouses to ensure fair and equitable outcomes.

This guide explores the key military benefits impacted by divorce, clarifies eligibility requirements, and provides practical advice for protecting your rights.

Key Military Benefits Affected by Divorce

1. TRICARE Healthcare Benefits

TRICARE is the healthcare program available to service members, their spouses, and dependents. After a divorce, a non-military spouse’s eligibility for TRICARE depends on the length of the marriage and the overlap with military service.

20/20/20 Rule:
A former spouse can retain full TRICARE benefits if:
- The marriage lasted at least 20 years.
- The service member completed at least 20 years of military service.
- There was at least 20 years of overlap between the marriage and military service.
20/20/15 Rule:
Limited TRICARE coverage for one year post-divorce if:
- The marriage lasted at least 20 years.
- The service member served at least 20 years.
- There was at least 15 years of overlap between the marriage and military service.
Less Than 15 Years of Overlap:
If the marriage does not meet the 20/20/20 or 20/20/15 criteria, the non-military spouse loses TRICARE coverage after the divorce is finalized. However, they may be eligible for the Continued Health Care Benefit Program (CHCBP), which offers temporary coverage similar to COBRA for up to 36 months.

2. Basic Allowance for Housing (BAH)

BAH is a non-taxable allowance provided to service members to cover housing costs when they live off base. During a divorce, BAH can impact child support and spousal support calculations.

Impact on Support Calculations:
BAH is considered income for purposes of calculating child support and alimony. Even though it is not taxable, Florida courts include it as part of the service member’s total compensation.
Housing Eligibility Post-Divorce:
Once the divorce is finalized, the non-military spouse and children may lose the right to on-base housing. The service member’s BAH may be adjusted to reflect their new status.

3. Survivor Benefit Plan (SBP)

The Survivor Benefit Plan (SBP) provides ongoing income to a designated beneficiary if the service member dies. This benefit is particularly important in military divorces because military retirement pay ends upon the service member’s death unless SBP coverage is in place.

Eligibility for SBP Coverage:
A former spouse can receive SBP coverage if it is awarded in the divorce settlement or court order. The service member must elect SBP coverage for the former spouse within one year of the divorce being finalized.
Cost of SBP Premiums:
The cost of SBP premiums is typically deducted from the service member’s retirement pay. The divorce settlement should specify who will cover these costs.
Importance of SBP:
Without SBP coverage, the former spouse’s share of the military pension ceases if the service member dies. Including SBP in the divorce agreement ensures long-term financial protection.

4. Commissary and Exchange Privileges

Access to military commissaries and exchanges is another benefit that can be impacted by divorce. These privileges allow service members and their families to purchase goods at reduced prices.

20/20/20 Eligibility:
Former spouses who meet the 20/20/20 rule retain commissary and exchange privileges.
Loss of Privileges:
If the marriage does not meet the 20/20/20 criteria, the non-military spouse typically loses access to these privileges once the divorce is finalized.

5. Military Retirement Benefits

Military retirement pay is one of the most valuable assets in a military divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Florida courts can divide military pensions as marital property.

10/10 Rule for Direct Payments:
If the marriage lasted at least 10 years and overlapped with 10 years of military service, the non-military spouse can receive their share of the retirement pay directly from the Defense Finance and Accounting Service (DFAS).
Division of the Pension:
Even if the 10/10 rule is not met, the court can still award a portion of the pension, but the service member is responsible for making payments directly.

How Florida Courts Handle Military Benefits in Divorce

In Florida, military benefits are subject to the state’s equitable distribution laws. This means assets are divided fairly based on factors such as:

The length of the marriage.
Each party’s contributions to the marriage.
The financial needs and earning capacities of each party.

Military benefits earned during the marriage are typically considered marital property and subject to division, while benefits earned before the marriage are considered separate property.

Common Misconceptions About Military Benefits in Divorce

Myth 1: The Non-Military Spouse Loses All Benefits After Divorce

Reality: Depending on the length of the marriage and overlap with military service, the non-military spouse may retain certain benefits, such as TRICARE and commissary privileges.

Myth 2: Military Pensions Are Always Divided 50/50

Reality: Florida courts divide pensions based on equitable distribution, which may not always result in an equal split.

Myth 3: The Service Member Automatically Loses Half Their Benefits

Reality: The division of benefits depends on the specifics of the marriage, contributions, and the court’s determination of fairness.

Steps to Protect Your Rights in a Tampa Military Divorce

For Service Members

Understand Your Benefits: Know what benefits are considered marital property and what you may be required to share.
Consult an Experienced Attorney: Work with a Tampa military divorce lawyer who understands federal and state laws.
Negotiate Fair Settlements: Consider negotiating alternatives to dividing military benefits, such as offering other assets.

For Spouses of Service Members

Know Your Entitlements: Familiarize yourself with benefits like TRICARE, SBP, and pension division.
Secure SBP Coverage: Ensure SBP is addressed in the divorce settlement to protect long-term financial security.
Work With a Lawyer: A Tampa military divorce lawyer can help you navigate the complexities of military benefits and advocate for your interests.

Conclusion: Navigating Military Benefits in a Tampa Divorce

Military benefits are an essential part of any Tampa military divorce settlement. Understanding how benefits like TRICARE, housing allowances, SBP, and military pensions are divided ensures that both service members and their spouses achieve fair outcomes.

If you are facing a military divorce, consult an experienced Tampa military divorce lawyer who can guide you through the process and help protect your rights. With the right legal support, you can navigate the complexities of military benefits and secure your financial future.

At The McKinney Law Group, we specialize in providing expert legal services in family law, estate planning, and divorce to clients in Florida and North Carolina. Whether you’re in need of a prenuptial agreement in Tampa Bay or seeking estate planning assistance in Asheville, our skilled attorneys are here to offer customized legal solutions that meet your unique needs.

We know that legal matters can be complex and stressful, which is why we focus on a client-centered approach. Our team works closely with you to understand your goals and develop effective strategies that lead to successful outcomes. With offices in both Florida and North Carolina, we make accessing high-quality legal support easy and convenient.

If you’re seeking guidance with prenuptial agreements, estate planning, high-asset divorce, or any other family law matters, contact Damien McKinney at 813-428-3400 or email [email protected] to schedule a consultation.

For added convenience, we also offer online prenuptial agreement services, allowing you to address your legal needs from the comfort of your home. Reach out today to discover how our efficient, client-focused approach can help you navigate your legal journey with confidence.

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I had an excellent experience with attorney Damien McKinney. I had an important legal question that has been on my mind for quite sometime. Not only did he give me a professional response, he also was very considerate in his delivery and helped put my mind at ease.I’m extremely appreciative of Attorney’s Damien interest in personally replying through a voice note the questions that I left on his website’s contact form. His keen attention to every detail of my long questions, and his thorough and candid responses have definitely been instrumental in my decision making towards hiring McKinney Law Firm. Thank you so much, Damien!
I’m extremely appreciative of Attorney’s Damien interest in personally replying through a voice note the questions that I left on his website’s contact form. His keen attention to every detail of my long questions, and his thorough and candid responses have definitely been instrumental in my decision making towards hiring McKinney Law Firm. Thank you so much, Damien!
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