Military marriages are subject to unique pressures and logistics, but when both spouses are active-duty service members stationed in different states, the legal landscape becomes significantly more complicated—especially in divorce. If the marriage breaks down while the couple is living and working in separate jurisdictions, critical questions arise: Where should the divorce be filed? How is time-sharing handled across state lines? Which court has authority to divide property, award alimony, or establish child support?
When both spouses are active-duty military and reside in different states due to service obligations, divorce jurisdiction, support enforcement, and custody issues must be handled with precision. Each state has its own rules, and federal protections like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) may impact timing, enforcement, and retirement benefits. A skilled Tampa military divorce lawyer can help navigate these overlapping rules and ensure that your rights are protected in a divorce involving two service members in separate states.
This article explores the complex legal issues that arise when both spouses are active-duty in different states and how Florida courts address these cases in military divorce.
Jurisdiction: Where Can the Divorce Be Filed?
The first legal question in any divorce is jurisdiction—whether the court has authority to hear the case. In Florida, under § 61.021, one of the spouses must have been a resident of Florida for at least six months before filing.
However, for military service members, domicile and physical presence are not always the same. A service member stationed in another state or overseas may still be a legal resident of Florida if they:
- Maintain a Florida driver’s license,
- Vote in Florida elections,
- List Florida as their state of legal residence on LES or tax returns,
- Intend to return to Florida after military service.
This means one or both service members stationed in other states can still file for divorce in Florida if their domicile is here. A Tampa military divorce lawyer can assess residency status and confirm whether Florida courts can properly assert jurisdiction.
Dual State Residency and Conflicting Jurisdiction
When each spouse is stationed in a different state and both claim residency in their respective states, a jurisdictional conflict may occur. If both spouses file in different states, a race to the courthouse may determine which court proceeds.
In resolving such conflicts, courts may consider:
- Which petition was filed first,
- Which state has the most substantial connection to the marriage,
- Where the children (if any) reside,
- Whether both parties have been served and participated in proceedings.
Judges may confer between states to determine the appropriate venue, or one party may file a motion to dismiss based on forum non conveniens (inconvenient forum).
A Tampa military divorce lawyer can assert Florida’s jurisdictional priority and challenge improper filings in other states when necessary.
The Servicemembers Civil Relief Act (SCRA) and Procedural Delays
The SCRA protects active-duty service members from legal disadvantage due to military duties. When both spouses are on active duty, each may be entitled to:
- A stay of proceedings if military service affects participation,
- Protection against default judgments,
- The right to appear remotely if permitted by the court.
If one spouse is stationed overseas or in a combat zone, delays may be unavoidable. Florida courts generally respect these federal protections and will adjust scheduling accordingly.
A Tampa military divorce lawyer understands how to invoke or challenge SCRA protections depending on your legal position and the case’s timeline.
Where Do the Children Live?
If the spouses have children, their state of residence determines custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA defines the child’s home state as the state where the child lived for six consecutive months prior to the filing.
If the child resides in Florida with one parent:
- Florida has jurisdiction over custody and parenting plans,
- The other parent must file responses and attend hearings, even if stationed elsewhere.
If the children reside in a different state, that state likely holds custody jurisdiction—even if Florida is where the divorce is filed.
When both spouses are stationed in different states and the child lives with a third-party caregiver (e.g., grandparents), custody jurisdiction may still be asserted by Florida courts if legal residency was previously established.
A Tampa military divorce lawyer will confirm jurisdictional eligibility under UCCJEA and file proper motions to avoid challenges or confusion later.
Time-Sharing Between States or Overseas
If the parents are stationed in different locations, the parenting plan must account for:
- Long-distance time-sharing,
- Holiday and summer visitation schedules,
- Travel logistics and cost-sharing,
- Virtual visitation and communication plans.
Florida courts prefer clear, detailed parenting plans that prioritize the child’s stability while maintaining contact with both parents. Judges will consider:
- The nature and distance of each duty assignment,
- The child’s age, school enrollment, and medical needs,
- The parents’ willingness to cooperate and accommodate military obligations.
A Tampa military divorce lawyer can draft a long-distance parenting plan that complies with Florida law and fits the structure of military life.
What Happens If One Parent Receives PCS Orders?
During or after the divorce, one or both spouses may receive Permanent Change of Station (PCS) orders. This can affect:
- Existing parenting plans,
- Jurisdiction over custody or modification,
- The enforceability of support orders across state lines.
Under Florida law, a relocating parent must comply with the relocation statute if they wish to move the child more than 50 miles away. This includes:
- Filing a petition for relocation,
- Providing notice to the other parent,
- Attending a hearing if the other parent objects.
Military PCS orders are considered good faith reasons for relocation but do not override the best interests of the child.
A Tampa military divorce lawyer will ensure that PCS-related moves comply with both Florida parenting laws and federal service obligations.
Division of Military Retirement When Both Spouses Serve
When both spouses are active-duty, each may be earning their own military pension. In a Florida divorce:
- Each spouse’s military retirement is treated as a marital asset to the extent it was earned during the marriage,
- The court may offset the value of one pension against the other,
- If one party has served longer or has a higher rank, the difference may be divided equitably.
Even if both parties are military, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs division of pensions. DFAS (Defense Finance and Accounting Service) will process pension division orders if:
- There is at least 10 years of marriage overlapping with 10 years of service (10/10 Rule),
- The court has jurisdiction over the service member,
- The final judgment and order meet DFAS format and content requirements.
A Tampa military divorce lawyer will ensure compliance with USFSPA and structure equitable distribution to avoid unfair outcomes or DFAS rejection.
Thrift Savings Plans (TSP) and Other Military Benefits
Both parties may have Thrift Savings Plans (TSPs) or similar retirement accounts. Florida courts divide these accounts as part of equitable distribution, considering:
- Contributions made during the marriage,
- Outstanding loans or withdrawals,
- Whether each party receives equal or offsetting portions.
In addition to TSPs, military divorces involving two service members may include:
- SBP (Survivor Benefit Plan) elections and coverage conflicts,
- SGLI (Servicemembers’ Group Life Insurance) beneficiary disputes,
- GI Bill benefit allocation for children,
- Post-9/11 transfer eligibility and revocation questions.
A Tampa military divorce lawyer ensures that all entitlements are fully disclosed and addressed in the final judgment.
Child Support and Alimony When Both Spouses Are in Uniform
When both parties are active-duty, both have income that is subject to child support calculations. Florida child support is based on:
- Combined net monthly incomes,
- Time-sharing schedule,
- Childcare and health insurance costs.
If one parent has significantly higher income (due to rank or duty location), they may owe child support, even if both are service members.
Florida law allows alimony when one spouse has:
- A significantly longer service history,
- Additional benefits not earned by the other,
- Greater earning capacity based on MOS or training.
Even in dual-military households, courts will examine each spouse’s financial need and ability to pay. A Tampa military divorce lawyer can help prepare accurate financial affidavits and argue for or against support obligations.
Medical Benefits and TRICARE Eligibility Post-Divorce
If both spouses are active-duty, each has access to TRICARE independently. After divorce:
- Each party retains TRICARE coverage through their own service status,
- Children remain covered under the parent who maintains primary custody or legal dependents,
- If one party retires and the other does not, SBP and other benefits may become relevant.
The court must allocate responsibility for health insurance and medical expenses for minor children, including dental and vision care.
A Tampa military divorce lawyer will ensure that these responsibilities are included in the final order and that dependent coverage remains uninterrupted.
Filing in Florida While Stationed Elsewhere
A service member can file for divorce in Florida even if stationed elsewhere, as long as Florida is their legal domicile. This is common for Tampa-based service members who:
- Joined the military while living in Florida,
- Maintain a Florida driver’s license or voter registration,
- File Florida state residency on tax returns and military records.
Filing in Florida allows the court to apply its family law statutes and oversee enforcement of judgments. A Tampa military divorce lawyer can file on your behalf and represent you even if you are stationed out of state.
Discovery and Disclosure Between States
When both parties live in different states, discovery may be complicated by jurisdictional issues. Each party must disclose:
- LES (Leave and Earnings Statement),
- TSP balances and retirement projections,
- BAH, BAS, and special pay amounts,
- Debt, real property, and marital liabilities.
Subpoenas may need to be issued across state lines. Coordination with JAG officers or military legal assistance may be necessary.
A Tampa military divorce lawyer will issue timely discovery requests and ensure full compliance under Florida rules.
Mediation and Settlement in Dual-Service Divorces
Many dual-military divorces are resolved through mediation, which can be conducted remotely when the parties are stationed in different states. Settlement agreements should address:
- Property division (pensions, TSP, household goods),
- Parenting plans with long-distance or rotating custody arrangements,
- Tax consequences of alimony and support,
- Military travel for visitation or exchanges.
The final agreement must be enforceable in Florida and meet all federal guidelines for military pay division.
A Tampa military divorce lawyer will attend mediation sessions, review proposed terms, and finalize the court-approved settlement.
FAQ: When Both Spouses Are Active Duty in Different States
Q: Can both military spouses file for divorce in different states?
A: Yes, but the first properly filed case typically proceeds. A court may dismiss a duplicate filing in another state.
Q: Who has custody if we’re stationed in different places?
A: Custody is determined based on the child’s home state, not the parents’ duty stations. Florida courts have jurisdiction if the child lives in Florida.
Q: Can we split each other’s military pensions?
A: Yes. Each party’s pension is subject to equitable distribution. The court may offset or divide based on marital service.
Q: What if we’re both deployed at the same time?
A: Temporary custody may be delegated to a family member or guardian by court order. A parenting plan must address contingencies.
Q: How does child support work if we both have income?
A: Florida’s guidelines consider both incomes. Support may be owed by the higher-earning parent, depending on time-sharing.
Q: Do we both get to keep our TRICARE after divorce?
A: Yes, if both are active-duty. If one retires and the other does not, benefits may shift depending on eligibility.
Q: Can we mediate a divorce if we’re in different states?
A: Yes. Remote mediation is common in military cases and may be scheduled around duty commitments.
Q: What if we disagree about where to file?
A: Jurisdiction is based on residency and filing date. A Tampa military divorce lawyer can assert Florida’s authority if you meet residency requirements.
Q: Can my ex claim my BAH or bonuses in divorce?
A: Yes, BAH and special pay are considered income and may factor into support or equitable distribution.
Q: Who pays for child travel between states?
A: The court may allocate travel costs based on income or agree to a shared arrangement. This must be specified in the parenting plan.
The McKinney Law Group: Military Divorce Guidance You Can Trust in Tampa
Service members and their families deserve a legal team that understands the special challenges of military divorce. At The McKinney Law Group, we combine honest advice with a strategic approach to help Tampa’s military families move forward.
We offer assistance with:
✔ Dividing military pensions and benefits under USFSPA
✔ Custody plans that accommodate overseas duty or frequent transfers
✔ Navigating multi-state and international jurisdiction issues
✔ Complying with SCRA protections and military-specific legal rules
✔ Protecting your future with tailored legal strategies
Reach out to 813-428-3400 or [email protected] to schedule a consultation.