Florida Divorce Patterns in Military Marriages

Military couples in Florida face unique challenges when getting divorced. Florida divorce patterns in military marriages show that while military families don't divorce more than civilians, they deal with complex laws and rules that regular couples don't face.

Why Military Divorces Are Different

While it's often believed that military marriages are more prone to failure, research shows mixed findings. Some studies suggest that divorce rates among active-duty members are slightly lower than the national average, especially during active service years. However, separation rates increase after discharge, especially for younger couples and when long deployments are involved.

Factors influencing military divorce in Florida include:

• Length of deployments
• Combat exposure
• Frequent relocations (PCS orders)
• Financial stress and communication breakdowns

Women in the military also face higher divorce rates compared to their male counterparts, often due to the added burden of role conflicts, relocation, and childcare.

Important Federal Laws

Two main federal laws affect military divorce in Florida:

• Uniformed Services Former Spouses Protection Act (USFSPA): This law lets Florida courts divide military retirement pay as marital property.
• Servicemembers Civil Relief Act (SCRA): This protects active-duty military members from court proceedings they can't attend due to military duties.

Military Benefits and the Key Rules

The 10/10 Rule for Retirement Pay

For the Defense Finance and Accounting Service (DFAS) to pay the ex-spouse directly:

• Marriage must last at least 10 years
• Those 10 years must overlap with military service

If you don't meet this rule, you might still get retirement money, but your ex-spouse pays you directly instead of DFAS.

Healthcare Benefits: 20/20/20 and 20/20/15 Rules

Florida courts divide military retirement as marital property. Only the part earned during marriage gets divided. Here's how it works:

Example: If you were married 10 years and your spouse served 20 years total, you could get up to 50% of the retirement earned during those 10 married years.

Child Custody and Military Service

Florida courts can't permanently change custody just because a parent deploys. Instead, they create flexible plans that include:

• Video calls during deployment
• Temporary custody with family members
• Make-up time when the parent returns
• Plans for military moves (PCS orders)

Filing for Divorce: Where and How

Military families can file for divorce in several places:

• Where either spouse lives now
• Where the service member is stationed
• Where the service member claims legal residence

Florida requires one spouse to live in the state for 6 months before filing. Military members stationed in Florida usually meet this requirement.

Military Pay and Support Calculations

When calculating child support and alimony, courts look at all military income:

• Basic pay
• Housing allowance (BAH)
• Food allowance (BAS)
• Special duty pay

The military requires service members to support their families even before court orders.

Common Military Divorce Issues

Thrift Savings Plan (TSP)

Military TSP accounts work like 401(k) plans and get divided like other retirement accounts.

Survivor Benefit Plan (SBP)

This plan pays benefits if the military member dies. Ex-spouses can negotiate to stay as beneficiaries but must pay premiums.

Deployment Delays

If a service member deploys during divorce, the SCRA allows them to delay court proceedings until they return.

Timeline and Costs

Florida has a 20-day waiting period after filing. Military complications can extend this timeline.

Residency and Jurisdiction Rules

To file for divorce in Florida, at least one spouse must reside in the state for six months before filing. For military members, this requirement is more flexible. Florida courts accept residency if:

• The service member is stationed in Florida
• The service member claims Florida as a legal residence
• The non-military spouse lives in Florida

This flexibility means that Florida courts can often handle military divorce even if the military member is temporarily deployed or stationed elsewhere.

Protecting Your Rights

Military divorce involves complex federal and state laws. Consider these steps:

1. Understand the 10/10 rule and benefit eligibility
2. Create detailed parenting plans for deployments
3. Calculate all military income for support
4. Know your TRICARE options after divorce
5. Work with lawyers experienced in military divorce

Getting Help

Military divorce requires understanding both Florida law and federal military rules. The complexity of retirement benefits, healthcare coverage, and custody during deployments makes professional legal help valuable.

Florida divorce patterns in military marriages show unique challenges that require special knowledge. While the basic divorce process is the same, military families must navigate federal laws, benefit divisions, and service requirements that civilian couples never face.

Understanding your rights under both Florida law and federal military regulations helps ensure fair outcomes for both spouses and protects important benefits like retirement pay and healthcare coverage. The key is getting proper guidance early in the process to avoid costly mistakes that could affect your financial future.