Military Divorce

In most civilian divorces, you file in the county where you or your spouse resides. In military divorces, determining jurisdiction can be more complex due to frequent relocations or out-of-state deployments.

Florida law allows military personnel to file for divorce in the state if:

• They are stationed in Florida

• They claim Florida as their legal residence (domicile), even if stationed elsewhere

• Their spouse resides in Florida

Choosing the proper jurisdiction is crucial, especially when dealing with asset division and child custody laws that differ from state to state.

Military pensions are often one of the most significant assets in a military divorce. Under the USFSPA, state courts may divide military retirement pay as marital property.

Key considerations include:

• Whether the marriage overlapped with years of military service

• The “10/10 rule” (10 years of marriage overlapping 10 years of service), which allows DFAS to send payments directly to the former spouse

• Use of the “Time Rule Formula” to calculate the non-military spouse’s share of retirement benefits

Our attorneys will ensure that pension division is handled fairly and in full compliance with federal and Florida law.

Military life can make child custody more complicated—especially when deployment, relocation, or unpredictable schedules are involved. Florida courts focus on the best interests of the child, but they also recognize the realities of military service.

We help service members and their spouses craft parenting plans that account for:

• Temporary custody arrangements during deployment

• Virtual visitation options

• Make-up time upon return

• Parental responsibility and communication while abroad

Military members are required to provide support for dependents, even before a formal court order is in place. The military uses Basic Allowance for Housing (BAH) and other income sources to calculate potential support.

Courts may enforce or modify spousal and child support orders based on:

• The military member’s pay grade and entitlements

• Deployment bonuses or hazardous duty pay

• Changes in duty status or retirement

If needed, support orders can be enforced through military pay garnishment.

Whether you are entitled to continued military benefits such as TRICARE, commissary access, and base privileges depends on the length of your marriage and how long the military member served.

Under the 20/20/20 Rule, you may retain full benefits if:

• You were married for at least 20 years

• The service member has 20+ years of creditable service

• The marriage overlapped 20 years of service

We help you understand what benefits you may keep—or lose—post-divorce and ensure that all entitlements are properly accounted for in your settlement.

If your divorce involves domestic violence, our team takes swift action to protect you and your children. We assist with obtaining protective injunctions, emergency relief, and securing custody arrangements that prioritize safety.