Why military divorce is its own practice area
The core of a military divorce is the same as any Florida dissolution: equitable distribution, parenting, support. But layered over Chapter 61 is a set of federal statutes that change timing, jurisdiction, and — most consequentially — how military retirement and benefits are divided. Mistakes in this layer aren't small: a settlement that mishandles retired pay or a Survivor Benefit Plan election can cost a spouse benefits that federal rules won't let anyone fix later. Central Florida is home to many military and veteran families, including those connected to installations like MacDill Air Force Base in Tampa, and these cases come through Polk County's courts regularly.
Filing and timing: the SCRA
Florida's usual six-month residency rule has accommodations for service members, and a member stationed in Florida can generally file here. The bigger timing issue runs the other way: under the Servicemembers Civil Relief Act, an active-duty member whose duties materially prevent participation in the case can request a stay of proceedings — an initial stay of at least 90 days, with further extensions at the court's discretion. If you're the filing spouse, this means a military divorce needs a realistic calendar. If you're the service member, it means deployment doesn't cost you the case by default — but the protection has to be invoked properly, not assumed.
Dividing military retired pay
The Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408) permits state courts to divide military retired pay as marital property — the marital share is divisible like other retirement assets under Florida's equitable distribution statute. Two rules cause most of the confusion:
- The 10/10 rule governs payment mechanics, not entitlement. If the marriage overlapped at least 10 years of creditable service, DFAS will pay the former spouse's share directly (capped at 50% of disposable retired pay). If not, the former spouse can still be awarded a share — the payment just flows through the retiree rather than from DFAS.
- Disposable retired pay is the divisible base, and it excludes VA disability offsets — a moving part that has to be anticipated in drafting, because a post-divorce disability election can shrink the pot the former spouse's percentage applies to.
Alongside the pension itself sits the Survivor Benefit Plan: without a former-spouse SBP election, the pension share dies with the retiree. The election has strict deadlines, and it must be addressed in the settlement — not remembered afterward.
Benefits, support, and parenting
Former spouses of long marriages may keep significant benefits: under the 20/20/20 rule (20 years of marriage, 20 of service, 20 overlapping), a former spouse retains TRICARE and commissary/exchange privileges. For support, military compensation is more than base pay — BAH, BAS, and special pays count as income for child support and alimony purposes, so the Leave and Earnings Statement, not the W-2, is the true income document. Parenting plans for service members should be drafted with military life in mind: deployment provisions, delegation of time-sharing to family members where appropriate, and communication schedules that survive a time zone change.
Key law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.; Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408; Fla. Stat. §§ 61.052, 61.075, 61.30.
Common questions about military divorce
No. The 10/10 rule only decides whether DFAS pays you directly. A court can award a share of the marital portion of retired pay regardless of marriage length; under 10/10, the payments are simply structured through the retiree. The settlement language just has to secure them properly.
A case can be filed, but the SCRA protects you from it proceeding without you: default judgments against active-duty members are restricted, and you can request a stay — at least 90 days initially — when duty genuinely prevents participation. The protection isn't automatic; respond through counsel rather than ignoring the papers.
Yes. Florida's guidelines look at income from essentially all sources, and housing and subsistence allowances are part of a service member's compensation even though they're untaxed. Support calculations in military cases start from the LES, line by line.
Because a pension share without SBP coverage ends the day the retiree dies. A former-spouse SBP election continues an annuity to the survivor — but it has premium costs to allocate and hard federal deadlines for the election after the decree. It's the single most commonly missed item in do-it-yourself military settlements.
Only in specific circumstances. Full continuing coverage generally requires meeting the 20/20/20 thresholds; shorter overlaps may qualify for transitional coverage, and children remain covered as military dependents either way. Knowing which category you're in — before you negotiate — changes what the rest of the settlement should ask for.
Or call the office at (863) 298-0606. Located at 290 Cypress Gardens Blvd, Suite 10, Winter Haven.