In military marriages, the unique challenges of service life—frequent relocations, overseas deployments, and housing allowances—complicate more than just logistics. They also complicate the legal landscape in a divorce. When it comes time to divide property, the question becomes: What exactly counts as marital property when you’ve lived, worked, and acquired assets across multiple states and even foreign countries?
Florida applies the principle of equitable distribution in divorce, but for military families, that concept intersects with federal protections, cross-state laws, and highly mobile lifestyles. Whether you’re a service member or a military spouse, identifying what qualifies as marital property—and how it’s handled under Florida law—is critical. A knowledgeable Tampa divorce lawyer can help you avoid costly mistakes and ensure that everything acquired during the marriage is correctly classified and equitably divided.
Defining Marital Property Under Florida Law
Florida law broadly defines marital property as any asset or debt acquired by either spouse during the marriage, regardless of which spouse holds title or where the property is located. This includes:
- Real estate,
- Bank accounts,
- Retirement and pension benefits,
- Vehicles,
- Businesses,
- Investment accounts,
- Personal property (furniture, electronics, jewelry),
- Debts and liabilities.
The core rule is simple: if it was acquired between the date of marriage and the date of filing for divorce (or separation in certain equitable contexts), it is presumed to be marital. But when military service takes a couple across states, continents, and duty stations, applying that rule becomes more complicated.
A Tampa divorce lawyer will dig deeper to classify each asset correctly and determine which jurisdiction’s laws may affect ownership or enforcement.
Domicile and Jurisdiction: Why Florida Law Still Applies
Military couples often wonder which state’s law controls property division when they’ve been stationed all over. Fortunately, when filing in Tampa, Florida’s equitable distribution laws govern the divorce—even if the couple has spent most of their marriage elsewhere.
This is because:
- The court with jurisdiction over the divorce applies its own domestic relations laws,
- Personal and subject matter jurisdiction is established through legal residency or domicile,
- Out-of-state or foreign property can be addressed through equitable distribution even if it’s not physically located in Florida.
So long as the court has proper jurisdiction—which a Tampa divorce lawyer will ensure—Florida law will be applied to divide both in-state and out-of-state assets.
Real Estate Owned Across States or Overseas
Real estate acquired during the marriage is marital property, regardless of where it is located. This includes:
- Primary residences,
- Rental properties,
- Foreign homes purchased during overseas assignments,
- Homes titled in one spouse’s name only.
If one spouse bought a home while stationed in another state or country but used marital funds (including BAH or base pay), that property is marital—even if it is titled solely in their name.
Florida courts have the authority to order one spouse to transfer or sell out-of-state or foreign property as part of the final judgment. A Tampa divorce lawyer will include enforceable provisions and may assist with domestication of the order in another jurisdiction.
Retirement Accounts and Military Pensions
Perhaps no category is more complex in military divorces than retirement benefits. Marital property includes:
- Military retired pay (pension),
- Thrift Savings Plans (TSP),
- Civilian employer 401(k)s,
- IRAs and SEP plans.
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Florida courts can divide military pensions earned during the marriage. The marital portion is determined using the coverture formula: the ratio of service years during the marriage to total service years.
Even if the service member is not yet retired or not yet eligible to draw benefits, the court can still award a percentage of the future pension. A Tampa divorce lawyer will draft pension division language that complies with DFAS requirements and Florida law.
TSP accounts, much like civilian 401(k)s, are also divisible under Florida law. Contributions made during the marriage, regardless of duty station or account origin, are marital property.
VA Disability and Combat-Related Special Compensation (CRSC)
Some military benefits are not considered marital property. Federal law prohibits the division of:
- VA disability compensation,
- CRSC payments,
- Other disability-based entitlements.
However, the receipt of these benefits can affect property distribution if the service member uses waivers to convert retired pay into disability compensation (thereby reducing the marital share of the pension).
A Tampa divorce lawyer can include indemnity or offset clauses to protect the non-military spouse’s expected share of retirement if a post-divorce waiver reduces their entitlement.
Bank Accounts and Income While Stationed Elsewhere
When you’ve been stationed around the globe, your money often travels with you. Joint accounts may be opened at different banks in different states. One spouse may maintain separate accounts in their own name. Nonetheless, under Florida law, any funds earned during the marriage and deposited into an account are presumed marital.
It does not matter:
- Who earned the income,
- Whose name is on the account,
- Whether the funds were earned overseas or domestically.
However, separate accounts may still be claimed as non-marital if the funds originated from pre-marital assets or inheritance and were not commingled. Tracing these funds requires documentation. A Tampa divorce lawyer can analyze bank statements, transfers, and pay records to determine classification.
Vehicles and Personal Property Acquired Across Duty Stations
Military families often acquire household goods, vehicles, and other tangible property at various duty stations. Even if items were purchased in Texas, Virginia, Germany, or Korea, if they were acquired during the marriage, they are marital property.
Florida courts handle tangible property through:
- Inventory lists prepared by each party,
- Valuation of disputed items,
- Orders requiring sale or division,
- Orders granting exclusive use and possession.
Even property titled in one spouse’s name may be distributed equitably. A Tampa divorce lawyer can create settlement terms or court proposals that avoid future conflict over who keeps which vehicle, electronics, or collectibles.
Debts Incurred During Military Assignments
Debts are treated just like assets. Florida courts divide both marital assets and liabilities acquired during the marriage. This includes:
- Credit card debt,
- Auto loans,
- PCS-related moving expenses,
- Mortgages,
- Personal loans.
Even if a debt is solely in one spouse’s name, if it was incurred during the marriage for a marital purpose, it is presumptively marital.
One complication arises when debts originate in another jurisdiction. A Tampa divorce lawyer ensures that the final judgment identifies who is responsible for each debt and includes indemnification provisions to protect against collection actions post-divorce.
Gifts, Inheritances, and Pre-Marital Assets
Not all property acquired during a military marriage is marital. Florida excludes:
- Gifts from third parties made specifically to one spouse,
- Inheritances left to one spouse individually,
- Property owned before the marriage (so long as it wasn’t commingled).
However, service members and spouses often use such assets to fund joint purchases while stationed elsewhere. For example:
- A premarital savings account is used to buy a car during deployment,
- An inherited home is rented out and the proceeds fund joint expenses.
These situations can result in partial marital characterization, where the court determines that part of the asset is non-marital and part is subject to equitable distribution. A Tampa divorce lawyer can provide asset tracing and legal argumentation to protect or challenge the classification.
Frequent Moves and the Challenge of Valuation
Moving every two to three years creates complications in inventorying, valuing, and documenting assets. Items may be in storage, loaned to family, or left at previous residences. Overseas acquisitions may lack purchase receipts.
To deal with these complexities, the court and parties rely on:
- Sworn inventory lists,
- Photographic documentation,
- Appraisals for high-value items,
- Agreed-upon replacement values for commonly disputed goods.
Judges in Florida are accustomed to military cases and understand these complications. A Tampa divorce lawyer can ensure that lack of documentation does not disadvantage a client when determining property division.
Spousal Businesses and Remote Work
Modern military spouses often operate remote businesses, freelance accounts, or independent contractor arrangements. These businesses may be registered in one state, operate across others, and have clients in several jurisdictions.
If the business was started or operated during the marriage, the business’s value, income stream, and assets are generally considered marital property.
Florida courts consider:
- Business goodwill and brand value,
- Equipment and inventory,
- Accounts receivable,
- Income for support calculation purposes.
A Tampa divorce lawyer may recommend a business valuation expert to appraise the enterprise and determine what, if any, portion is subject to division.
Frequent Deployments and Hidden Assets
In some military divorces, one spouse may attempt to hide or underreport assets—especially when stationed abroad or receiving combat zone pay. Common tactics include:
- Failing to report foreign bank accounts,
- Underreporting overseas per diem or allowances,
- Concealing valuable collectibles or memorabilia obtained overseas.
Florida law requires full financial disclosure. If hidden assets are discovered, the court may:
- Award a disproportionate share to the other spouse,
- Order attorney’s fees as a sanction,
- Reopen previously finalized orders for fraud.
A Tampa divorce lawyer will conduct discovery and, if necessary, forensic tracing to uncover unreported assets.
Property Located on Base or in Government Quarters
Base housing and other facilities provided by the government are not marital assets. They are benefits of active-duty service and cannot be divided or assigned to either party by the court.
However, personal property inside the home—furniture, electronics, vehicles—is marital if acquired during the marriage. A Tampa divorce lawyer can help the parties determine who keeps what and create enforcement language if items must be turned over.
The Date of Filing and Its Impact on Classification
In Florida, the date of filing for divorce is typically the cutoff for classifying property as marital or non-marital. Anything acquired after that date is presumed separate unless otherwise agreed.
This becomes crucial when:
- A PCS move occurs after filing,
- A spouse receives a military bonus or promotion after filing,
- Retirement vests shortly after the case begins.
A Tampa divorce lawyer will ensure that property division is based on accurate timelines and that transitional events are evaluated fairly.
Equitable Does Not Mean Equal
Finally, Florida follows equitable distribution, not equal division. Courts consider various factors that can result in unequal division, such as:
- Duration of the marriage,
- Contributions of each spouse,
- Economic disparity between the parties,
- Intentional dissipation of assets.
This is particularly relevant in military divorces where one spouse’s career was impacted by relocations, child-rearing, or base restrictions.
A Tampa divorce lawyer will present these arguments to support an equitable—but not necessarily 50/50—division that reflects the realities of a military lifestyle.
FAQ: Marital Property When You’ve Been Stationed Everywhere
Q: Does it matter where the asset was acquired?
A: No. If it was acquired during the marriage, it is marital property under Florida law—regardless of where you were stationed at the time.
Q: What if the home is in another state but was purchased during the marriage?
A: It’s still marital property. Florida courts can divide or order the sale of out-of-state real estate.
Q: Are military pensions always marital property?
A: The portion earned during the marriage is marital. The court will use a coverture formula to determine the percentage.
Q: What about VA disability or CRSC payments?
A: These are not divisible as marital property, but they may be considered for support or addressed through indemnity clauses.
Q: Are separate bank accounts excluded from division?
A: Only if they contain non-marital funds. Earnings deposited into any account during the marriage are presumed marital.
Q: What if I can’t prove when an item was purchased?
A: Courts rely on testimony, credit card records, and logic. A Tampa divorce lawyer can help support your claim.
Q: Can debts from a past duty station be split?
A: Yes. If the debt was incurred during the marriage, it’s marital regardless of where it originated.
Q: What if my spouse left assets behind in another country?
A: Florida courts can still consider those assets and order division. A Tampa divorce lawyer can assist with enforcement.
Q: Do moving allowances or bonuses count as marital income?
A: If received during the marriage, they are generally considered marital income and subject to distribution.
Q: How do we handle overseas bank accounts?
A: Full disclosure is required. Courts may order equalization payments or transfer if assets cannot be split directly.
The McKinney Law Group: Dedicated Legal Support for Military Divorce in the Tampa Bay Area
At The McKinney Law Group, we help military families in Tampa handle divorce with clarity and confidence. Whether you’re active duty or retired, we provide experienced legal counsel tailored to the complexities of military life.
We can help with:
✔ Interpreting military-specific divorce laws and benefits
✔ Dividing service member retirement accounts and survivor benefits
✔ Structuring custody around deployment and training schedules
✔ Managing legal questions tied to PCS moves and overseas postings
✔ Building a practical plan for life after divorce
To begin your consultation, call 813-428-3400 or email [email protected].