Military Divorce in Florida: Complete Guide for Service Members & Spouses (2026)

Military Divorce in Florida: A Comprehensive Guide

Quick Answer: Military divorces involve federal laws (USFSPA, SCRA) that interact with Florida state divorce laws. Military pensions are divisible as marital property, and the 10/10 rule determines direct payment eligibility.

Why Military Divorce is Different

Military divorces involve unique federal regulations:

• USFSPA: Uniformed Services Former Spouses' Protection Act (pension division)
• SCRA: Servicemembers Civil Relief Act (protections for active duty)
• Military benefits regulations: Healthcare and commissary access

Where to File for Military Divorce

You can file in Florida if:

• Either spouse is a Florida resident (6 months)
• Service member is stationed in Florida
• Service member consents to Florida jurisdiction

Servicemembers Civil Relief Act (SCRA)

The SCRA protects active duty service members:

• Right to delay court proceedings
• Protection from default judgments
• Up to 90-day stay upon request

Many service members waive these protections to proceed with divorce.

Military Pension Division

USFSPA Basics

The USFSPA allows Florida courts to divide military retired pay as marital property.

Calculating the Marital Share:

Marital Share = (Months married during service) ÷ (Total months of service) × Retired Pay

Example:

• 20-year retirement (240 months)
• 15 years married during service (180 months)
• Divisible portion: 180/240 = 75%
• If 50/50 split: Former spouse receives 37.5% of retired pay

The 10/10 Rule

The 10/10 rule determines HOW you receive payments:

10+ years married during 10+ years of service:

• DFAS pays former spouse directly
• Automatic monthly payments

Less than 10/10:

• Still entitled to share
• Service member pays directly
• May need enforcement mechanisms

Survivor Benefit Plan (SBP)

SBP provides continued payments if the service member dies:

• Must be elected at retirement
• Can be required in divorce decree
• Costs ~6.5% of retired pay
• Provides 55% of covered amount to survivor

Critical: If not addressed in divorce, protection may be lost permanently.

Healthcare Benefits: The 20/20/20 Rule

Full TRICARE coverage if:

• Married at least 20 years
• Service member served at least 20 years
• Marriage overlapped service by at least 20 years

20/20/15 Rule (Transitional):

• One year of healthcare coverage
• 15-19 year overlap

Child Custody and Deployment

Florida law addresses military parents:

• Deployment cannot be sole factor in custody decisions
• Parenting plans should address deployment scenarios
• Virtual visitation provisions recommended

VA Disability Compensation

Key distinction:

• VA disability is NOT divisible as property
• BUT it's considered for support calculations

Florida Military Installations Served

• Naval Air Station Jacksonville
• Naval Station Mayport
• MacDill Air Force Base (Tampa)
• Patrick Space Force Base
• Eglin Air Force Base
• Pensacola Naval Air Station
• All Florida installations

Common Military Divorce Mistakes

Free Military Divorce Consultation

Military divorce requires specialized knowledge. Schedule a $95 Strategy Session to discuss your situation and understand your rights under federal law.