Divorces involving active duty service members or military spouses are often significantly more complex than standard civilian cases. From jurisdictional questions and the impact of deployments on parenting plans to unique financial considerations like military pensions and housing allowances, military divorces in Florida demand specialized legal knowledge and strategy. A military divorce is not just a matter of applying Florida law—it’s a matter of understanding how that law interacts with federal statutes, military regulations, and the unique lifestyle of military families.
Whether you’re the military member or the civilian spouse, navigating a military divorce in Tampa requires meticulous planning and informed decision-making. While the foundation of every Florida divorce—equitable distribution, time-sharing, support—is the same, the path to resolution in a military divorce is often more complicated and can take longer to resolve. The stakes are high, especially when benefits, pensions, or ongoing deployments are involved.
A knowledgeable Tampa divorce lawyer with experience handling military divorces can guide you through the process, help you understand your rights, and develop a legal strategy tailored to your family’s needs and future.
Jurisdiction in Military Divorce Cases
One of the first questions that must be answered in any military divorce is: Where can the divorce be filed? Jurisdiction is often more complicated when one or both spouses are on active duty, stationed overseas, or have moved frequently.
In Florida, either party can file for divorce in the state if at least one spouse has been a resident of Florida for six months prior to filing. However, the active duty military lifestyle may affect what counts as “residency.” The Servicemembers Civil Relief Act (SCRA) may also delay proceedings if the service member cannot actively participate in the case due to deployment or other duties.
A Tampa divorce lawyer will evaluate all relevant factors—residency, station assignments, military status, and service of process—to determine whether Florida is the proper venue and how to proceed efficiently.
The Servicemembers Civil Relief Act (SCRA)
The SCRA is a federal law that protects active duty military members from being disadvantaged in legal proceedings due to their service obligations. In a divorce context, the SCRA can:
- Postpone court proceedings during deployments or training
- Prevent default judgments if the service member cannot appear
- Allow for delays in discovery or other court-mandated tasks
- Protect against enforcement actions during active duty service
To invoke SCRA protections, the service member must formally request relief and demonstrate how military service prevents participation.
A Tampa divorce lawyer will know how to handle SCRA issues, whether it involves enforcing rights for a deployed parent or pushing back against unnecessary delay tactics.
Time-Sharing and Parenting Plans for Military Families
Creating parenting plans for military families is challenging due to the realities of deployment, frequent relocations, and unpredictable schedules. Courts must balance the child’s need for stability with the military parent’s right to remain actively involved.
A comprehensive parenting plan in a military divorce should include:
- Provisions for long-distance visitation
- Virtual communication requirements (FaceTime, Zoom, etc.)
- Temporary delegation of time-sharing rights to family members during deployment
- Flexible scheduling around leave and training
- Right of first refusal clauses
- Procedures for modifying the plan when the parent relocates or deploys
Tampa divorce lawyers often use customized parenting plans specifically designed for military parents. These plans help ensure that service members maintain a strong relationship with their children even if they cannot be physically present year-round.
Child Support and Military Pay
Determining child support in a military divorce requires an understanding of military compensation. A service member’s pay includes more than just base salary; it can also include:
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Cost of Living Adjustments (COLA)
- Hazard pay, sea pay, and other special pay
Florida courts calculate child support using the Florida Child Support Guidelines, which consider both parties’ income and time-sharing arrangement. For military members, all income must be accounted for—including allowances and nontaxable benefits.
A Tampa divorce lawyer will examine the service member’s LES (Leave and Earnings Statement) to ensure accurate calculation of child support and present the court with a complete picture of financial resources.
Spousal Support and Military Income
Just like with child support, alimony (spousal support) must be based on a full accounting of the military member’s income, including:
- Base pay
- Housing and subsistence allowances
- Bonuses and special pay
- Retirement benefits (if applicable)
Alimony in Florida is no longer permanent, but it may still be awarded for a defined duration depending on the length of the marriage and the recipient spouse’s financial needs.
It is important to note that military regulations may require a service member to support their spouse and dependents during separation even before the court orders support. Failure to comply with military family support guidelines can result in administrative penalties.
A Tampa divorce lawyer can help you understand the interplay between military rules and state law in determining alimony and temporary support obligations.
Military Retirement Benefits and the 10/10 Rule
One of the most significant financial considerations in a military divorce is the division of military retirement benefits. Florida is an equitable distribution state, meaning marital assets—including pensions—are divided fairly, though not always equally.
A service member’s military pension is considered marital property to the extent it was earned during the marriage. This means the non-military spouse may be entitled to a share of the pension, even if the military member has not yet retired.
The so-called “10/10 Rule” refers to the requirement that:
- The couple must have been married for at least 10 years
- The military spouse must have served at least 10 years of creditable service during the marriage
If the 10/10 rule is met, the Defense Finance and Accounting Service (DFAS) can pay the non-military spouse directly. If not, the military spouse must make payments directly.
A Tampa divorce lawyer will ensure that military pensions are properly valued, divided, and enforced—regardless of whether the 10/10 rule applies.
Thrift Savings Plan (TSP)
In addition to the military pension, service members may contribute to the Thrift Savings Plan, a defined-contribution retirement account similar to a 401(k). The portion of the TSP accrued during the marriage is marital property and subject to division.
Dividing a TSP requires a court order called a Retirement Benefits Court Order (RBCO), which must be properly drafted and approved by the TSP administrator. This is a separate order from the final judgment of divorce.
A Tampa divorce lawyer can prepare and file the required orders to divide the TSP correctly and ensure compliance with both Florida and federal requirements.
Survivor Benefit Plan (SBP)
The Survivor Benefit Plan is an optional annuity program that provides income to a surviving spouse after the military member’s death. If the SBP is not addressed during the divorce, the former spouse may lose the right to receive benefits—even if awarded a portion of the pension.
It is critical that the divorce settlement:
- Clearly states whether the former spouse will be designated as the SBP beneficiary
- Specifies who will pay the monthly SBP premiums
- Complies with federal deadlines for SBP election changes (typically within one year)
A Tampa divorce lawyer will ensure that SBP elections are properly negotiated and preserved, avoiding the devastating mistake of losing survivor benefits.
Healthcare and Other Military Benefits
Whether the non-military spouse will continue to receive healthcare and other military benefits depends largely on the length of the marriage and military service.
The most well-known rule is the 20/20/20 Rule:
- 20 years of marriage
- 20 years of military service
- 20 years of overlap between marriage and service
If these criteria are met, the non-military spouse may retain full medical benefits, commissary privileges, and exchange access. If the overlap is only 15 years (20/20/15 Rule), the spouse may receive limited transitional benefits.
If the 20/20/20 criteria are not met, healthcare coverage ends upon divorce. The non-military spouse may be eligible for temporary coverage under the Continued Health Care Benefit Program (CHCBP), which functions similarly to COBRA.
A Tampa divorce lawyer will evaluate benefit eligibility and structure the divorce agreement accordingly.
Deployment and its Impact on Litigation
Deployments can delay the progress of a divorce case and complicate compliance with procedural rules. Courts may be reluctant to hold hearings or make final decisions while one party is deployed—especially if key issues remain contested.
However, courts also expect progress in resolving the case and may require:
- Video or telephonic testimony from deployed service members
- Interim agreements or temporary orders
- Use of SCRA protections only when truly necessary
A Tampa divorce lawyer will coordinate closely with JAG officers, base legal services, and opposing counsel to ensure the case proceeds in a way that is fair and consistent with military service obligations.
Division of Base Privileges and Use of Military Housing
Military divorce often involves issues related to on-base housing and access to services. Once divorce is filed or finalized:
- The non-military spouse will typically lose access to on-base housing
- Base commanders may set deadlines for vacating military quarters
- Military ID cards will be invalidated, ending access to base facilities unless the spouse qualifies under the 20/20/20 rule
It’s important to plan for these transitions early in the divorce process.
A Tampa divorce lawyer will ensure your settlement includes deadlines, financial assistance, and housing transition terms that reflect these realities.
Enforcement of Orders and Military Pay Garnishment
Military pay can be garnished for nonpayment of child support, spousal support, or property distribution. Federal law allows for:
- Involuntary allotments of military pay
- Wage garnishment through DFAS
- Contempt proceedings for noncompliance
Enforcing support orders against a military member requires knowledge of military regulations, timing issues, and proper service of legal documents.
A Tampa divorce lawyer will use the appropriate tools to secure compliance and protect the financial stability of the recipient spouse.
FAQ
Q: Can I file for divorce in Florida if my spouse is stationed elsewhere?
A: Yes, if you meet Florida’s six-month residency requirement. Your Tampa divorce lawyer can help determine proper jurisdiction.
Q: What is the 10/10 rule and how does it affect military pensions?
A: It allows direct payment of the pension by DFAS if the couple was married for 10 years during 10 years of military service. Without it, payment must be made directly by the service member.
Q: Can military retirement be divided before the service member retires?
A: Yes. Florida courts can award a share of the future retirement even if the service member is still active duty.
Q: What happens to base housing after divorce?
A: The non-military spouse must vacate base housing, usually within a set time. This should be addressed in the divorce agreement.
Q: Does deployment stop the divorce process?
A: It can delay the case under the Servicemembers Civil Relief Act, but the court may still proceed with certain matters.
Q: Will the court count BAH and BAS as income for support purposes?
A: Yes. These are considered part of the military member’s compensation when calculating child or spousal support.
Q: What is the Survivor Benefit Plan (SBP), and do I need to address it in my divorce?
A: Yes. If you are awarded part of the pension, you must be named the SBP beneficiary to continue receiving payments after the service member’s death.
Q: How are military health benefits handled after divorce?
A: Eligibility depends on the 20/20/20 rule. If the rule is not met, coverage ends at divorce, but temporary options may be available.
Q: Can I enforce a support order if my ex is still active duty?
A: Yes. You can seek garnishment through DFAS and other enforcement mechanisms available under state and federal law.
Q: Can we use mediation in a military divorce?
A: Absolutely. Mediation is often encouraged, especially to resolve issues like time-sharing and support, even in military divorces.
Military divorces require more than knowledge of Florida law—they demand a comprehensive understanding of how military service affects every aspect of the divorce process. From jurisdictional hurdles and deployment complications to unique financial considerations and benefit entitlements, the path is rarely straightforward. A skilled Tampa divorce lawyer can provide the guidance, advocacy, and insight you need to navigate these complexities and achieve a fair, enforceable, and sustainable outcome. With the right strategy, your military divorce doesn’t have to be a legal minefield—it can be the first step toward a stable, secure future.
The McKinney Law Group: Tampa Divorce Lawyers for Stay-at-Home Spouses and Caregivers
If you’ve stepped away from your career to care for children or support your spouse’s goals, divorce can feel especially uncertain. At The McKinney Law Group, we advocate for Tampa stay-at-home spouses with the legal strength and compassion they deserve.
We assist with:
✔ Spousal support to reflect your contributions and needs
✔ Securing housing, healthcare, and long-term support
✔ Custody arrangements that maintain stability for your children
✔ Ensuring a fair share of marital assets and retirement funds
✔ Planning for your future with dignity and independence
Call 813-428-3400 or email [email protected] to get the support you deserve.