Florida Military Divorce Attorney

Understanding Military Divorce Proceedings in Florida

Divorce presents challenges for any family, but military divorces involve distinct issues not present in civilian divorces. Jurisdictional questions, military benefits, time-sharing arrangements, and federal regulations add complexity for service members and their spouses in Florida.

At The Virga Law Firm, P.A., we recognize the unique legal concerns service members and military spouses face during divorce. Our Florida military divorce attorneys offer guidance for the division of military pensions, child custody for service members, healthcare benefits, and other service-related divorce matters.

We serve Orlando, Pensacola, Navarre, Panama City, Fort Walton Beach, and beyond. Call (800) 822-5170 or contact us online for a consultation with a Florida military divorce lawyer.

Jurisdictional Issues in Military Divorce

Military life often means frequent relocations, making jurisdiction a key factor in divorce cases. You must file for divorce in the right court, which depends on where either spouse is legally domiciled.

Under Florida law, to file for divorce:

• At least one spouse must have been a Florida resident for at least six months.
• Military service members stationed in Florida can file for divorce even if they maintain legal residency in another state.
• Service members who name Florida as their official state of residence (regardless of deployment location) may file for divorce in Florida.

The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from being divorced by default while deployed. The law allows a court to postpone a divorce case if the service member cannot attend hearings because of military obligations.

Division of Military Retirement Benefits

Dividing military pensions and retirement benefits is one of the most significant financial aspects of military divorce in Florida.

The Uniformed Services Former Spouses' Protection Act (USFSPA) allows states to treat military retirement pay as marital property and divide it between spouses. Division depends on several factors, including marriage length and overlap with military service.

Florida courts apply equitable distribution laws, which means both spouses have an interest in marital property, including portions of military retirement earned during the marriage. For an order to comply with DFAS and federal law, the court must use precise language and include key details. Missing information or improper forms can delay payment or lead to disputes. Our attorneys review your service history, marriage dates, and eligibility for benefits to help you receive fair consideration under Florida and federal rules.

The 10/10 Rule Explained

A common myth about military divorce is that a spouse must have been married for 10 years to receive a portion of military retirement. A court can award a share regardless of marriage length. The 10/10 Rule simply affects how DFAS pays the benefits.

• If the marriage lasted at least 10 years with 10 years of overlapping military service, DFAS pays the former spouse directly.
• If the marriage falls short of 10 years, the service member receives the pension directly and must pay the awarded portion to the ex-spouse.

Even if the 10/10 Rule does not apply, courts can still divide military retirement benefits, but DFAS will not send payments directly to the former spouse.

In Florida, courts consider service records for each family. For example, someone stationed at MacDill Air Force Base or another Florida installation can present their service history, marriage dates, and deployment details for retirement division. Our guidance helps you avoid administrative pitfalls, ensuring awarded benefits are accessible as intended.

The 20/20/20 & 20/20/15 Rules for Former Military Spouse Benefits

Military spouses who meet certain time requirements may retain healthcare and other benefits after divorce:

• 20/20/20 Rule – If the marriage lasted 20 years, the service member served for 20 years, and there were at least 20 years of overlap, the former spouse retains full military benefits, including TRICARE, commissary, and exchange privileges.
• 20/20/15 Rule – If the marriage lasted 20 years, the service member served for 20 years, and the marriage and service overlapped for 15 years, the former spouse qualifies for TRICARE coverage for one year but loses other benefits after divorce.
• 10/20/10 Rule – If the marriage lasted at least 10 years, the service member served for 20 years, and there was a 10-year overlap, the former spouse may keep benefits only if the service member was discharged for dependent abuse.

Understanding these rules is vital for spouses worried about losing military benefits after divorce. If you do not qualify for continued TRICARE, you may be eligible for the Continued Health Care Benefit Program (CHCBP), which provides coverage similar to private insurance.

Child Custody & Time-Sharing for Military Parents

Military parents often face complicated time-sharing and child custody issues, especially with deployments, frequent relocations, and training schedules.

Florida courts prioritize the best interests of the child when determining custody. Judges consider specific factors:

• The service member's deployment schedule and co-parenting ability.
• The non-military parent’s stability and role in the child’s life.
• The effect of relocation on the child’s education and well-being.
• The service member’s ability to communicate with the child during deployments.

When preparing for custody disputes, military parents should include a family care plan or parenting plan. These plans can address:

• Who will care for the child during deployments.
• How time-sharing resumes when the service member returns.
• How parents maintain communication with the child.

Florida law prohibits courts from using a parent’s military service against them in custody decisions. If you are a military parent concerned about child custody, our attorneys can help protect your parental rights and your relationship with your child.

Because many military families in Florida live near bases or relocate often, they may face interstate or international custody disputes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) works with Florida law so that custody orders issued here are recognized and enforced even if a parent moves due to military orders. A detailed parenting plan prevents confusion and ensures stability for your child, no matter your next assignment.

Spousal Support & Military Divorce

Florida courts may award alimony based on the following factors:

• The length of the marriage.
• The financial disparity between spouses.
• The standard of living during the marriage.
• The spouse’s ability to earn income after divorce.

Military divorces follow Florida alimony laws, but additional military benefits such as housing allowances and cost-of-living adjustments (COLA) may factor into alimony and child support calculations.

The Servicemembers Civil Relief Act (SCRA) can pause or delay support enforcement during active-duty deployments. Military divorce attorneys in Florida help ensure fair support agreements and protect your financial future in these cases.

The Timeline & Process of Military Divorce in Florida

Key stages you can expect in a Florida military divorce include::

• Initial filing and service – Preparing the petition, filing in the appropriate Florida circuit court, and arranging for proper service, even if a spouse is on base or overseas.
• Temporary relief and scheduling – Requesting temporary orders related to support, parenting time, or exclusive use of the home while the case is pending, and setting court or mediation dates.
• Financial disclosure and discovery – Exchanging mandatory financial affidavits, LES statements, and other documentation so both spouses have a clear picture of income, assets, and debts.
• Negotiation, mediation, or hearings – Working toward settlement through negotiation or mediation, and using court hearings when you cannot resolve disputed issues.
• Final judgment and implementation – Presenting a settlement or trying the case, obtaining a final judgment of dissolution, and following through with DFAS orders, title transfers, and parenting plan implementation.

Special Considerations for Deployed & Overseas Service Members

When a service member is deployed overseas or away from their primary Florida residence, divorce proceedings require unique procedural steps. Communicating with all parties and attorneys may demand coordinated scheduling to accommodate various time zones. Florida courts often conduct hearings virtually or use digital submission of legal documents to facilitate overseas participation. Under the SCRA, deployed military members can request temporary stays if duties prevent them from responding. Courts take documented deployments into account when setting deadlines, custody exchanges, or mediation sessions. In some instances, the court may appoint an attorney ad litem to ensure both parties have equal opportunity to present their case when in-person participation is not possible. Bases like Hurlburt Field and Tyndall Air Force Base regularly see these issues. Our legal team maintains multiple communication channels, keeps clients informed, and adjusts services to fit unpredictable military scheduling.

Financial Planning and Practical Steps During Military Divorce

Beyond the courtroom, military families often need guidance on the day-to-day financial and practical changes that follow a divorce. Service members and spouses may be unsure how a new budget will look once BAH, separation allowances, and shared expenses are adjusted. We work with clients to review LES statements, basic pay, and recurring obligations so they can anticipate changes in cash flow after the dissolution is finalized in a Florida family court. This planning is especially important for families stationed near large installations like Naval Air Station Pensacola or Eglin Air Force Base, where housing and childcare costs can shift quickly once one household becomes two.

Frequently Asked Questions

How Does the Servicemembers Civil Relief Act Affect Military Divorce Timing?

The SCRA allows active-duty service members to delay divorce proceedings or other court actions while on deployment if duties prevent them from responding. Florida courts review these requests individually to ensure both parties receive fair treatment.

Can Florida Courts Divide All Types of Military Benefits During Divorce?

Florida courts have authority to divide retirement pay and some benefits gained during marriage. VA disability benefits and certain federal entitlements remain the service member’s property and are not subject to division in divorce.

What Are the Residency Requirements for Filing a Military Divorce in Florida?

Florida law requires at least one spouse to live in the state for six months before filing for divorce. Service members stationed in Florida may use their posting to meet the residency requirement for a military divorce in Florida.

Speak With Our Florida Military Divorce Lawyer Today

Military divorce involves complex jurisdictional issues, the division of military benefits, child custody concerns, and unique legal protections. Whether you are a service member or military spouse, working with an attorney with extensive experience in these matters is critical to protecting your rights.

At The Virga Law Firm, P.A., we have assisted many military families in Florida with divorce, retirement benefit division, custody disputes, and benefit retention. Our team remains committed to protecting your rights while making the process efficient and fair.

We serve clients across Orlando, Pensacola, Navarre, Panama City, Fort Walton Beach, and beyond. Call (800) 822-5170 or contact us online to schedule a confidential consultation with a Florida military divorce lawyer.