Divorce is rarely easy, and when one or both spouses serve in the military, it introduces another layer of complexity. Florida has specific laws that govern military divorce, balancing federal and state regulations to protect service members and their families. Understanding these rules can help both parties navigate the process with clarity, which helps avoid adding complications to the legal separation process that can make the divorce take longer and increase legal fees.
Legal Considerations in a Military Divorce
Military divorces in Florida follow the same basic process as civilian divorces but with additional legal factors to consider. The Servicemembers Civil Relief Act (SCRA) plays a significant role by allowing active-duty military personnel to request a delay in divorce proceedings while they are deployed, which protects service members from being unfairly disadvantaged if they cannot appear in court due to their duties.
Jurisdiction is another crucial factor. To file for divorce in Florida, at least one spouse must be a resident of the state or stationed there on active duty. Florida courts also have to determine whether they have jurisdiction over military pensions and other benefits, which is where federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) come into play.
Military Benefits and Division of Assets
One of the most significant concerns in a military divorce is the division of benefits. The USFSPA allows Florida courts to treat military retirement pay as marital property, subject to division during divorce. However, there are specific rules on how much a former spouse may receive.
The 10/10 Rule is one important guideline. It states that if a couple was married for at least ten years, and those ten years overlapped with military service, the Defense Finance and Accounting Service (DFAS) will pay the former spouse their share of retirement benefits directly. If the marriage lasted fewer than ten years of overlapping service, the military member is responsible for making those payments directly.
Healthcare benefits also play a crucial role. The 20/20/20 Rule allows a former spouse to retain full military healthcare benefits if the marriage lasted at least 20 years, the service member completed at least 20 years of service, and there was a 20-year overlap between the two. If a former spouse does not qualify under this rule, they may still receive transitional healthcare benefits for up to a year under the 20/20/15 Rule.
Child Custody and Parenting Plans
Child custody in military divorces follows Florida’s standard child custody approach: courts prioritize the best interests of the child. However, military service introduces unique challenges, especially when one parent is frequently deployed or relocates due to new assignments.
Florida courts typically require a parenting plan that accounts for potential deployments. This plan can include provisions for electronic communication, temporary custody arrangements, and relocation plans. If a military parent is deployed, Florida law prevents courts from permanently modifying custody orders until they return, ensuring they do not lose custody simply due to their service obligations.
Relocation Considerations
Military parents who receive orders to move to another state or country may face additional hurdles in modifying custody agreements. Florida law requires a relocating parent to notify the court and the other parent if they plan to move more than 50 miles away for more than 60 days. If the non-relocating parent objects, the court must determine whether the move serves the child’s best interests.
Child Support and Spousal Support
Child support in military divorces is calculated using Florida’s standard guidelines, considering each parent’s income and the child’s needs. However, military pay includes allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), which count as income when calculating support obligations.
The military also enforces financial support obligations. Each branch has its own rules that require service members to provide interim financial support to their dependents even before a formal court order is in place. If a service member fails to meet their obligations, the other spouse can seek enforcement through both Florida courts and the military chain of command.
Spousal support, or alimony, depends on several factors, including the length of the marriage, the financial situation of each spouse, and the standard of living established during the marriage. While Florida law governs alimony awards, military service may influence the outcome, particularly if deployments or frequent relocations impact a spouse’s career opportunities.
Finalizing a Military Divorce
Military divorces in Florida follow the same basic legal steps as civilian divorces—filing a petition, serving papers, and negotiating agreements on custody, support, and property division. However, the added layers of military benefits, jurisdictional concerns, and deployment-related issues require careful attention.
The SCRA offers service members protection from default judgments if they cannot respond to a divorce petition in time, which ensures that military members can fully participate in their legal proceedings without risking their rights while on active duty.
Seek Legal Guidance
Navigating a military divorce in Florida requires an understanding of both state and federal laws. From military benefits to child custody and financial support, numerous factors influence the outcome.
Working with a knowledgeable attorney who understands military divorce laws can help service members and their spouses achieve fair resolutions while minimizing the extra stress that military divorce factors can contribute. Give Treasure Coast Legal a call at 772-837-6860 today to schedule a free consultation with our team about your military divorce.
