- Military divorce in Florida follows special rules, including SCRA provisions for delaying proceedings due to military duties and flexible jurisdiction options.
- Some points to note are the division of military pensions, TRICARE healthcare, and entitlements, including key rules like the “10/10 rule” for benefit distribution during separation.
- Florida’s guidelines for military families facing divorce also offer insights about child custody, support adjustments for deployments, and spousal alimony.
Divorce is a challenging process for any couple, but when one or both parties are in the military, the complexity increases. With reports indicating that Florida is among the top states with the highest divorce rates, individuals must understand the unique circumstances and considerations that affect military divorces in the state.
If you’re living in Tampa, Florida, and considering petitioning for a military divorce, here’s a guide to help you moving forward.
Understanding Jurisdiction in Military Divorce
In Florida, the procedures for getting a military divorce are essentially the same as those for getting a civilian divorce, barring some particular rules and factors.
To file for a divorce, you or your spouse must have lived in Florida for at least six months before filing. However, military members stationed in Tampa can file for divorce in Florida, even if their official residence is in another state. It is also important to remember you could only start proceedings in your home state, the spouse’s home state, the stationed state, or their home of record.
The Role of the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) protects active-duty members from certain legal actions while they are deployed or otherwise unable to attend court proceedings. Under the SCRA, an active-duty service member has the right to request a stay, or delay, of divorce proceedings if their military duties prevent them from participating. This provision gives you a fair opportunity to engage in the case without compromising your military responsibilities to the country.
If you’re filing a case against a military spouse, the process could take longer if the service member is on active duty or deployed.
Dividing Military Benefits
One of the most significant factors in a military divorce is how military benefits are divided.
- Military Pensions: Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Florida courts can treat military retirement pay as marital property. This means that a portion of the service member’s retirement pay may be awarded to the former spouse, depending on how long the couple was married during military service.
- The “10/10 rule”: If you were married for at least 10 years while your military spouse was on active duty, the Defense Finance and Accounting Service (DFAS) will make direct payments to your former spouse. These payments are not subject to income taxes.
However, the division of retirement benefits does not require the marriage to meet the 10-year threshold. The court can still award a portion of the pension to the non-military spouse, but DFAS will not process the payments.
- Healthcare Benefits: If you’ve been married for 20 years and those years overlap with military service, you can qualify for lifetime TRICARE benefits as a former spouse. If you don’t meet this requirement, you may still be eligible for temporary coverage for up to one year following the separation.
Property Division in a Military Divorce
Like all divorces in Florida, courts follow the principle of equitable distribution. This means that all marital property is divided fairly, though not necessarily equally. Here, the courts consider various factors when determining how to divide assets, such as the length of the marriage, each spouse’s contribution to the marriage, and their financial situation after the marriage dissolution. This includes pensions and other service-related benefits.
Note that non-marital property, such as assets owned before the marriage or inherited property, is typically excluded from division.
Spousal Support (Alimony)
Spousal support, or alimony, may be awarded in a military divorce depending on factors like the length of your marriage. The court will also evaluate each spouse’s financial situation, including the service member’s military pay and benefits, before making the decision. The following kinds of alimony are permitted by Florida law:
- Temporary Alimony: Awarded during the divorce proceedings to help one spouse meet immediate financial needs.
- Bridge-the-Gap Alimony: Short-term support to help a spouse transition from married life to single life.
- Rehabilitative Alimony: Designed to help a spouse acquire the skills or education necessary to become self-supporting.
- Durational Alimony: Given for a set period, often in marriages lasting less than 17 years.
- Permanent Alimony: Reserved for long-term marriages or situations where one spouse is unable to become self-sufficient.
Child Custody and Visitation Rights
If you’re a military spouse, the nature of your service may complicate these benefits. Florida courts prioritize the child’s best interest, but they must also consider the unique challenges posed by deployments, relocations, and unpredictable schedules.
- Parental Responsibility: Florida courts prefer joint custody arrangements, known as “shared parental responsibility.” However, if one parent’s military duties make shared responsibility difficult, the court may grant primary custody to the non-military parent. As a military spouse, you can still be awarded ample opportunities for visitation.
- Deployment and Custody: If you’re actively deployed during the divorce case, the non-military parent typically assumes full custody. Courts may also allow the service member to designate a close family member to exercise their visitation rights during deployment.
Upon return, you can petition the court to reinstate the original custody arrangement.
Child Support and Military Pay
Child support is calculated similarly to civilian divorces, but it takes into account the military member’s pay and allowances. Military compensation is more than just a base salary, as it can include housing allowances, hazardous duty pay, and other special benefits.
In Tampa, child support is determined using statewide guidelines that consider both parents’ incomes, the child’s needs, and other factors. Military allowances, such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), are also included so that the child receives adequate support.
The amount of child support needed may change if you or your spouse is deployed or stationed somewhere with higher pay. On the other hand, extended deployments or changes in duty assignments may lead to modifications of child support orders.
Working with an Experienced Attorney
Military divorce is a highly specialized area of family law, and the rules governing the process can be confusing. Working with an attorney who understands both Florida divorce law and military regulations can help you get a favorable outcome.
An experienced military divorce attorney can guide you through the complexities of the SCRA, help you secure the appropriate share of military benefits, and ensure that custody and child support arrangements reflect your unique circumstances.
If you’re undergoing a military divorce, talk to our legal team at Tampa Divorce: Family Law and Divorce Lawyer to get valuable guidance during this trying period. Call us today at 813.370.0893, or visit us at our location at 13057 W Linebaugh Ave Ste 102, Tampa, FL 33626.
