A Florida military divorce checklist is a valuable tool for those going through military divorces. Whether you’re an active duty service member or a military spouse, understanding how your divorce process is different from the civilian divorce process is critical before you file for divorce. It’s also critical to understand how Florida state laws differ from divorce laws for military divorces.
Our experienced Tampa military divorce lawyer team provides legal assistance to military families, helping them through the legal aspects of divorce proceedings, ensuring that both the military spouse and civilian spouse understand their rights and obligations.
If you or your spouse are military members filing a military divorce in Florida, contact our law firm to discuss how our military divorce attorney team can help you protect your interests and plan for your future. Call Quinn & Lynch, P.A. at (813) 223-7739 to schedule your consultation today.
How to Divorce a Military Service Member in Florida
Divorcing a military service member in Florida involves a few additional steps compared to a civilian divorce due to the unique legal protections and benefits available to military members. The Florida divorce process for military families begins with filing for divorce in the appropriate jurisdiction. For military members and their spouses, residency requirements can be more flexible. As long as one spouse has lived in Florida for six months or they claim legal residency in Florida, the divorce can proceed in Florida courts.
Once the divorce is filed, both spouses must work through key aspects such as division of marital property, military retirement pay, and child custody. The Servicemembers Civil Relief Act (SCRA) offers certain protections, allowing service members on active duty to request a delay in divorce proceedings if their duties interfere. The SCRA protections cover service members enlisted in the Army, Navy, Air Force, National Guard, and more.
A Tampa divorce planning attorney can provide essential guidance throughout the divorce process, helping you address issues such as spousal support and health care benefits and ensuring that both state laws and federal laws are followed to protect your rights. Whether you’re a military spouse or service member, understanding how to file for divorce can make a significant difference in preparing for your next chapter.
Florida Military Divorce and the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides special legal protections to military members who are on active duty. This can play a significant role in the divorce process for those within the military community.
The SCRA protects military service members, including those serving in the National Guard, from being disadvantaged in legal proceedings, including military divorces, due to their active duty status.
Under these federal statutes, an active-duty service member can request a delay or “stay” in the divorce proceedings if duties within their military career prevent them from attending court or properly responding to legal actions. This is especially important when the service member is deployed to an overseas duty station or stationed far from home.
Understanding these protections is crucial before you as a civilian spouse or military member file for divorce. For military spouses, this law ensures that the divorce process is fair and that the service member’s duties don’t interfere.
A Tampa military divorce lawyer can help service members and their former spouses navigate the specifics of the SCRA, ensuring that all legal protections are honored while proceeding with the divorce proceedings for military divorces. Contact a divorce attorney at Quinn & Lynch, P.A. to learn more.
Asset Division and Military Retirement Benefits
The financial aspects are one of th most significant aspects to address in the divorce decree for many military divorces in Florida. Military retirement pay and retirement accounts are treated as martial assets under federal statutes and Florida state laws. This means military retirement pay and retirement accounts are divided between the military member and military spouse during a divorce.
The amount of military retirement pay a military member is entitled to depends on the military member’s retirement creditable service. The amount of military retirement pay a non military spouse is entitled to depends on how much time overlapped with the service member’s military career.
When considering spousal support, many potential former spouses wonder, how does Florida alimony work in military divorces? Alimony, or spousal support, is determined based on factors like the length of the marriage, the financial need of the ex-spouse, and the ability of the military spouse to pay.
However, certain circumstances can impact eligibility. What disqualifies you from alimony in Florida? If the former spouse seeking alimony has sufficient income, assets, or a demonstrated ability to support themselves, this could disqualify them from receiving alimony.
Our divorce attorney team has extensive experience handling military divorces in Tampa. We can help you understand how marital assets are divided in a Florida divorce and what it means to divorce after retirement in Florida for a service member spouse or civilian spouse.
As a civilian divorce attorney with experience handling military divorces under Florida state laws, our military divorce lawyer group can help protect your rights as a civilian spouse or service member spouse, ensuring a fair distribution of community assets in Florida.
Military Spouse Divorce After 10 Years
Under the 10/10 rule, a non-military spouse married to a military member for 10 years, with 10 years of overlap in the military service member’s retirement creditable service are provided certain benefits. A former spouse may receive direct payment of their portion of the military retirement pay through the Defense Finance and Accounting Service (DFAS). This rule only affects the payment method; it does not automatically entitle the civilian spouse to any retirement pay—these must be awarded in the divorce decree.
Under Florida state law, after military members or former spouses file for divorce, the division of a military member’s retirement pay follows the principle of equitable distribution. This means that marital assets, including the portion of the military retirement pay accrued during the marriage, are divided fairly, though not necessarily equally. The specific percentage of the military retirement pay that a non-military spouse is entitled to depends on various factors, such as the length of the marriage, the duration of service, and the overlap between the two.
For health care, a non-military spouse may qualify for temporary health care coverage under the Transitional Assistance Management Program (TAMP), which provides up to 180 days of coverage following military divorces. However, after 10 years, the non-military spouse will lose TRICARE benefits, military community benefits, such as commissary, and exchange privileges; these are reserved for those who meet the 20/20/20 rule requirements. In cases of a 10-year marriage, the primary benefit available to the non-military spouse is access to their share of military retirement pay directly through DFAS, if awarded.
20/20/15 Rule Military Divorce
Once service members or their former spouses file for divorce, the 20/20/15 provides certain benefits to non-military spouses based on the length of the marriage and the service member’s military career.
To qualify, the marriage must have lasted at least 20 years, the service member must have completed at least 20 years of creditable service, and the service member’s creditable service overlapped the marriage at least 15 years. Under this rule, the non-military spouse is entitled to temporary health care coverage through TRICARE medical coverage for one year after divorce.
This rule is particularly important for non-military spouses who have relied on TRICARE medical coverage and need time to secure alternative medical benefits. After the year TRICARE medical coverage ends, the ex-spouse may need to seek other options, but the 20/20/15 rule offers a transition period to help the former spouse adjust once they lose TRICARE benefits. The ex-spouse does immediately lose military community benefits, such as commissary and exchange privileges.
Understanding these benefits can be crucial for planning life after you file for divorce, especially for former spouses who have been dependent on military medical benefits.
20/20/20 Rule Military Divorce
Once service members or their former spouses file for divorce, the 20/20/20 rule provides significant long-term benefits to former spouses who meet specific criteria. Under this rule, the non-military spouse is eligible for continued military benefits if the couple has been married for at least 20 years, the service member’s retirement-creditable service spans at least 20 years, and there as been at least 20 years of military service overlapped with marriage.
If these conditions are met, the non-military spouse can retain full TRICARE medical coverage and access to military community privileges, such as commissary and exchange services, even after the divorce decree is issued.
Other benefits apply to longer marriages to a military spouse under Florida state laws, such as the increased likelihood for alimony.
If you need to file for divorce or believe your military spouse may file for divorce, a Tampa alimony lawyer can help navigate the complexities of Florida alimony law when divorcing a service member spouse, ensuring that both federal statutes and Florida divorce laws are considered when determining alimony.
The 20/20/20 rule offers crucial protection for non-military spouses, particularly when maintaining financial stability and health care after a long-term marriage to a service member.
Federal Law: Uniformed Services Former Spouse Protection Act
The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law that plays a pivotal role for those divorcing a military spouse, especially when it comes to dividing retirement benefits. Under the USFSPA, state courts are granted the authority to treat military retirement pay as marital property and divide it between the service member and the former spouse during legal proceedings.
This law ensures that non-military spouses who may have supported the service member throughout their military life receive a fair share of the retirement and other benefits accrued during the marriage.
The USFSPA does not automatically guarantee a former spouse a portion of military retirement pay, but it allows state courts to make that determination based on the length of the marriage and how much of it overlapped with the service member’s military career.
In some cases, the court order can be sent to the Defense Finance and Accounting Service directing them to make support payments to the former spouse. The DFAS makes direct payments to the former spouse if the marriage and military service overlapped for at least 10 years.
The USFSPA also offers protections for service members, ensuring that no more than 50% of their disposable retirement pay can be awarded to a former spouse unless there are additional court-ordered payments for spousal or child support.
Un Remarried Former Spouse
An un remarried former spouse has specific rights and benefits, provided certain conditions are met. These benefits are largely influenced by the 10/10 rule and 20/20/20 rule.
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10/10 Rule: If the marriage lasted at least 10 years, with 10 years overlapping the service member’s creditable service, the un-remarried non-military spouse may be eligible for direct payment of their portion of the military retirement pay through the Defense Finance and Accounting Service (DFAS).
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20/20/20 Rule: For the un remarried non-military spouse to retain broader benefits such as medical, commissary, and exchange privileges, the marriage must meet the 20/20/20 rule. Under this rule, an un remarried non-military spouse can receive full medical coverage and access to commissary and exchange facilities, provided they do not remarry. If remarriage occurs, these benefits are lost, though they may be reinstated if the second marriage ends.
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Transitional Benefits: If the marriage lasted 20 years with 15 years overlapping service (known as the 20/20/15 rule), the un remarried non-military spouseis entitled to one year of transitional TRICARE coverage but does not retain commissary or exchange privileges.
It’s essential to consult with a Florida military divorce lawyer to understand these entitlements fully and to ensure they are accurately reflected in the divorce decree.
Full Military Divorce Checklist for Florida Military Couples
After you file for divorce in Florida, it’s essential to be well-prepared. A comprehensive military divorce checklist can help address all key aspects of the divorce process, from gathering important documents to understanding how military benefits will be divided.
Given the unique nature of military divorces, having a detailed plan is crucial for protecting both the service member, non-military spouse, and family members.
If you’re a service member or service member spouse preparing for divorce in Florida, it’s important to understand your legal rights and responsibilities. Contact Quinn & Lynch, P.A. today to speak with a military or civilian attorney who can guide you through every step of the military divorce process.
Gather Documents
Before you divorce a military spouse, it’s important to gather all relevant documents.
Personal Identification and Marriage Documentation:
- Marriage Certificate
- Birth Certificates (for both spouses and any children)
- Social Security Cards (for both spouses and any children)
- Military Identification Cards (for the service member and dependents)
Service Member Records:
- Leave and Earnings Statements (LES)
- Military Orders (current and past duty assignments, including deployments)
- DD Form 214 (Certificate of Release or Discharge from Active Duty, if applicable)
- Service Record Briefs
Records of Financial Accounts and Military Benefits:
- Bank Statements
- Tax Returns (Federal and state returns for the past 3-5 years)
- Investment Account Statements
- Retirement Account Statements: (military pensions, Thrift Savings Plan (TSP), any civilian accounts, accounts with other benefits)
- Debt Documentation: (mortgages, car loans, credit card debts, and other liabilities)
Property and Asset Documentation:
- Real Estate Deeds and Mortgage Documents
- Vehicle Titles and Registration
- Personal Property Inventory
Legal Documents:
- Powers of Attorney
- Wills and Trusts
- Previous Divorce Decrees (if applicable)
Insurance Policies:
- Life Insurance Policies
- Health Insurance Policies
- Property and Casualty Insurance
Child-Related Documents:
- School Records: (Report cards, attendance records, and any IEP or special education plans)
- Medical Records
- Childcare Expenses
Emails, Text Messages, and Social Media Correspondence
This includes all relevant communications between spouses that may pertain to the divorce proceedings.
Our Tampa divorce planning attorneys can assist with organizing and preparing these documents, as this will streamline the divorce proceedings and help ensure both the military spouse and non-military spouse can present their case clearly.
Financial Accounts and Resources
Managing divorce finances in Florida involves a thorough understanding of both parties’ financial accounts and resources, as well as the unique financial aspects of military life. This includes the service member’s pension, bank accounts, credit card statements, investments, retirement accounts, and military benefits.
Identifying all shared and individual assets is essential to ensure fair division during the divorce.
In military divorces, unique benefits such as military retirement pay and other service-related resources need special consideration.
A Tampa property division attorney can help you navigate the complexities of asset division, ensuring that both parties receive their fair share of the marital property while accounting for any military-specific financial benefits.
Survivor Benefit Plan
The Survivor Benefit Plan (SBP) is a critical component of military retirement benefits that provides ongoing income to a designated beneficiary, usually a spouse, after the death of a retired service member. During a divorce from a military spouse, it’s important to address whether they will continue to be the beneficiary of the SBP.
This benefit ensures financial protection for the non-military spouse, but it must be properly addressed in the divorce settlement to ensure that the former spouse remains covered. Failure to address the SBP during divorce proceedings could result in losing this important benefit for the former spouse.
Child Support and Spousal Support
When divorcing a military spouse, both child support and alimony must be carefully calculated to ensure fairness, taking into account policies requiring service members to financially support family members.
Child support is determined based on Florida’s state law, but military-specific factors such as the service member’s income, allowances, and benefits will also be considered. Alimony may be awarded depending on the length of the marriage and the financial needs of the un-remarried former spouse, with these factors being crucial in determining fair support arrangements.
A Tampa child support lawyer can help you understand your rights and ensure that both spousal and child support payments are fair and aligned with state law.
It’s important to remember that these support payments can significantly impact the financial well-being of both parties, making it essential to address them carefully and with thorough legal guidance.
Health Care Benefits
Health care benefits are a major consideration in military divorces, especially for former spouses who have been relying on TRICARE for their medical coverage. Depending on the length of the marriage and the overlap with service, the non-military spouse may be entitled to continued TRICARE health care coverage under the 20/20/20 or 20/20/15 rules.
If the non-military spouse is eligible, they may continue receiving TRICARE coverage after the divorce. However, if they don’t qualify under these rules, they may need to seek alternative medical benefits, such as the Continued Health Care Benefit Program (CHCBP), which offers temporary coverage if they lose TRICARE benefits.
Housing Arrangements
Housing arrangements are another important factor to address during a military divorce, especially when dealing with the installation family housing. Many military families live in base housing, which may no longer be available to the non-military spouse after the divorce decree is issued.
Additionally, moving expenses associated with transitioning out of installation family housing or temporary funds to support family members as they relocate must be considered as part of the divorce settlement. For families with children, housing stability is a critical factor when determining custody arrangements, ensuring that the children have a stable living environment after the divorce.
For families not living on base, our military divorce lawyer group can help you navigate home equity in Florida divorces.
Child Custody Arrangments
Child custody arrangements when divorcing a military member can be particularly complex due to the unique challenges service members face, such as deployments or frequent relocations. Florida courts prioritize the best interests of the child when determining child custody, but factors like the service member’s schedule, potential for deployment, and stability of the non-military spouse’s home life all play a role in custody decisions.
A Tampa child custody lawyer can help you create a parenting plan that works for both parties while keeping the child’s best interests at the forefront. Service members may sometimes request adjustments to child custody or visitation schedules due to their duty assignments, and courts may accommodate these needs. In such cases, our Tampa child custody modification attorneys can assist, as well.
FL Military Divorce FAQs
What is the Military Divorce Rate?
The military divorce rate has varied over the years but generally hovers around 3% to 4% annually, which is comparable to the civilian divorce rate. Factors like deployments, frequent relocations, and the unique challenges of military life can strain marriages, contributing to this rate. However, military divorce rates can differ based on the specific branch of service and other circumstances.
How Long Do You Have to Be Married to Get Military Benefits After Divorce?
The length of the marriage and its overlap with military service are crucial for receiving military benefits after divorce. Under the 20/20/20 rule, a non-military spouse is eligible for full benefits if the marriage and service both lasted 20 years with a 20-year overlap. The 20/20/15 rule allows for one year of TRICARE benefits if there is at least a 15-year overlap.
Can My Ex-Wife Claim My Military Pension Years After Divorce?
Yes, your ex-wife can claim a portion of your military pension years after the divorce if it was awarded in the divorce decree. Under the Uniformed Services Former Spouse Protection Act (USFSPA), military retirement pay can be divided as marital property. If your divorce agreement includes this provision, your ex-spouse can claim it regardless of time passed. However, if the pension was not addressed in the divorce settlement, she typically cannot claim it later.
How Long Does a Military Divorce Take?
The length of a military divorce can vary depending on several factors, including the case’s complexity, whether the divorce is contested, and the availability of both parties, especially if the military member is on active duty. The Servicemembers Civil Relief Act (SCRA) may allow active duty service members to delay divorce proceedings, which can extend the timeline. On average, a military divorce can take several months to over a year to finalize the divorce decree.
How Much Does a Military Divorce Cost in Florida?
On average, a military divorce can cost anywhere from a few thousand dollars to upwards of $15,000 or more, especially if disputes over issues like child custody, spousal support, and military retirement benefits require extensive legal intervention.
How a Tampa Military Divorce Lawyer Can Help
Having a civilian attorney during the military divorce process is essential to navigate the unique legal complexities that service members and their former spouses face. In Florida, military divorces involve specific rules. An experienced civilian attorney understands both state divorce laws and federal military regulations, ensuring that their client’s rights are protected and that all assets are fairly divided.
Additionally, civilian divorce attorneys are adept at handling jurisdictional challenges and can guide families through issues related to custody, relocation, and alimony, helping secure the best possible outcome in a military divorce.
If you’re navigating the challenges of a military divorce, having the right legal assistance is crucial. A skilled Tampa divorce attorney from Quinn & Lynch, P.A. can help protect your rights, ensure the fair division of assets, and guide you through the complexities of military benefits, child custody, and spousal support.
Contact a Tampa civilian divorce attorney today to discuss your military divorce in Florida and learn how we can help you move forward.
