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Understanding Military Divorce in Florida: Unique Challenges and Legal Considerations
Introduction
Divorce is never easy, but when one or both spouses are in the military, the process becomes even more complex. Military divorces involve unique legal issues, including jurisdictional questions, military benefits, and time-sharing arrangements when one parent is deployed. Florida law provides specific guidelines for handling these cases while also incorporating federal laws that apply to military personnel.
This guide explains how military divorce differs from civilian divorce, what special considerations apply, and how service members and spouses can protect their legal rights.
Jurisdiction in Military Divorce Cases
One of the first challenges in a military divorce is determining where to file. Unlike civilian divorces, where jurisdiction is typically based on residency, military divorces may be filed in several possible locations, including:
- The state where either spouse currently resides.
- The state where the service member is stationed.
- The state where the service member claims legal residency.
Florida courts will accept jurisdiction if either spouse meets the residency requirement of living in the state for at least six months before filing for divorce. However, service members who are deployed or stationed elsewhere may still be considered Florida residents if they maintain legal ties to the state.
Division of Military Benefits in Divorce
Military benefits, including pensions, healthcare, and housing allowances, are often key issues in divorce settlements. These benefits are subject to specific federal laws that govern how they are divided.
Military Pensions and the 10/10 Rule
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military retirement pay in a divorce. Florida follows equitable distribution, meaning that a portion of a service member’s pension earned during the marriage may be considered a marital asset.
The 10/10 rule determines how the pension is paid:
- If the couple was married for at least 10 years, and the service member served in the military for at least 10 of those years, the former spouse may receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS).
- If the marriage does not meet the 10/10 rule, the spouse may still be entitled to a portion of the pension, but payments must come directly from the service member rather than DFAS.
Survivor Benefit Plan (SBP)
Spouses who rely on a service member’s pension for financial stability may need to request coverage under the Survivor Benefit Plan, which allows them to continue receiving benefits if the service member dies after retirement.
Tricare and Healthcare Benefits
Former spouses may qualify for continued military healthcare benefits under the 20/20/20 rule, which requires:
- A marriage lasting at least 20 years.
- At least 20 years of military service by the service member.
- A 20-year overlap between the marriage and military service.
If the former spouse does not meet this requirement, they may lose access to Tricare and need to obtain private health insurance.
Child Custody and Time-Sharing Considerations for Military Families
Custody and time-sharing arrangements in military divorces can be challenging due to frequent relocations and the possibility of deployment. Florida courts prioritize the best interests of the child while considering the unique circumstances of military service.
Deployment and Time-Sharing Modifications
- Florida law prohibits courts from permanently modifying custody solely because a service member is deployed.
- Service members may request a temporary modification of time-sharing, allowing them to designate a family member to exercise visitation during deployment.
- Upon return, the original custody arrangement can be reinstated.
Parenting Plans for Military Families
Military families are encouraged to create flexible parenting plans that account for:
- Virtual visitation options during deployment.
- Plans for long-distance parenting if a service member is relocated.
- Provisions for makeup time-sharing after deployment ends.
Having a detailed parenting plan can help prevent disputes and provide stability for children during periods of military service.
Protections for Service Members Under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides legal protections for active-duty military members involved in civil court proceedings, including divorce. These protections include:
- The right to delay divorce proceedings if military duties prevent them from responding to court actions.
- Protection against default judgments if they cannot appear in court due to deployment.
- The ability to request a stay of proceedings to allow time for legal preparation.
These protections ensure that military personnel are not unfairly disadvantaged in divorce proceedings due to their service obligations.
How to Prepare for a Military Divorce
If you are considering a military divorce in Florida, taking the following steps can help protect your rights and ensure a fair outcome:
- Determine the proper jurisdiction for filing the divorce.
- Gather financial records, including military benefits statements and pension details.
- Understand your rights under federal and state laws, including the USFSPA and SCRA.
- Create a detailed parenting plan that accounts for deployment and relocation issues.
- Consult a family law attorney with experience handling military divorces.
How a Family Law Attorney Can Help
A family law attorney can assist service members and spouses by:
- Ensuring compliance with both Florida law and federal military regulations.
- Negotiating fair settlements for military pensions and benefits.
- Drafting custody and time-sharing agreements that accommodate military service.
- Representing clients in court if disputes arise over assets, alimony, or parental rights.
At Bonderud Law, we provide legal guidance tailored to the complexities of military divorce. Whether you are a service member or a military spouse, we can help protect your rights and navigate the divorce process effectively. Contact us today for a free consultation.
Conclusion
Military divorces in Florida involve unique legal considerations, including jurisdiction issues, division of military pensions, and child custody arrangements that account for deployment. Understanding the laws that apply to military personnel and their spouses can help ensure a smooth and fair divorce process.
If you are going through a military divorce, consulting with an experienced attorney can help you protect your financial and parental rights while addressing the challenges that come with military service.