A military divorce in Florida follows Florida divorce law, but federal rules add important steps. The checklist below covers where to file, Servicemembers Civil Relief Act protections, dividing military retirement under the Uniformed Services Former Spouses’ Protection Act, Survivor Benefit Plan elections, TRICARE eligibility, child support, and parenting plans that account for deployment. Missing a federal deadline, especially the one-year Survivor Benefit Plan deadline, can cost a former spouse benefits permanently.
The Jacksonville area is home to Naval Air Station Jacksonville, Naval Station Mayport, and many service members and veterans who live in the Beaches communities. Military families face divorce issues that civilian checklists leave out.
Step 1: Confirm Where You Can File
Florida requires at least one spouse to have lived in Florida for six months before filing. Service members stationed in Florida, or who maintain Florida as their legal residence while stationed elsewhere, can often meet this requirement. You file matters for retirement division because a state court generally needs jurisdiction over the service member under federal rules to divide military retired pay.
Step 2: Understand SCRA Protections
The Servicemembers Civil Relief Act allows an active-duty service member to request a stay of court proceedings, often for at least 90 days, when military duties materially affect the ability to participate. The act also protects against default judgments when a service member has not appeared. Divorces can proceed when both spouses cooperate, and many military couples resolve their cases by agreement.
Step 3: Gather Military-Specific Documents
- Leave and Earnings Statements for recent months
- Retirement points statement or service history
- Current orders and expected deployment schedule
- Thrift Savings Plan statements
- Survivor Benefit Plan information
- Housing allowance and other allowance details
- Any existing Family Care Plan
Step 4: Divide Military Retirement Correctly
Under the Uniformed Services Former Spouses’ Protection Act, Florida courts may treat disposable military retired pay as marital property. For divorces finalized after December 23, 2016, federal law generally calculates the former spouse’s share based on the service member’s rank and years of service at the time of divorce, sometimes called the frozen benefit rule. The court order must include specific information for the Defense Finance and Accounting Service to process it.
Rule | What It Means |
|---|---|
Disposable retired pay | The portion of retired pay that can be divided after certain deductions |
10/10 rule | Direct payment from DFAS generally requires at least 10 years of marriage overlapping 10 years of service |
Frozen benefit rule | Division is based on rank and service at divorce, not at retirement |
Thrift Savings Plan | Divided with a separate court order that the TSP accepts |
The 10/10 rule affects only how payment is made, not whether the retirement can be divided. Learn more about how Florida divides property on our dividing assets in a Florida divorce page.
Step 5: Address the Survivor Benefit Plan
The Survivor Benefit Plan provides a payment to a surviving former spouse after the retiree’s death. Former spouse coverage must be addressed in the divorce, and a deemed election request generally must be submitted to DFAS within one year of the divorce. Missing that deadline can mean losing the benefit permanently.
Step 6: Plan for Health Coverage
A former spouse may keep TRICARE coverage only in limited situations, such as when the marriage, the service, and their overlap each lasted at least 20 years. Other former spouses may need to arrange new coverage or use temporary continued coverage options. Children of the service member generally remain eligible.
Step 7: Build a Deployment-Ready Parenting Plan
Florida’s parenting plans should address military realities: deployments, temporary duty, and permanent change of station moves. Plans often include delegated time-sharing to a family member during deployment, virtual contact, and a schedule that resumes when the service member returns. Learn more about parenting plans and time-sharing in Florida.
Step 8: Calculate Support Accurately
Child support and alimony calculations should include base pay and many allowances, such as housing allowances, which count as income. Leave and Earnings Statements are the starting point for accurate numbers.
Frequently Asked Questions
How is military retirement divided in a Florida divorce?
Florida courts may divide disposable retired pay as marital property under federal law, usually based on rank and service at divorce.
What is the 10/10 rule?
It allows direct payment from DFAS when the marriage overlapped military service by at least 10 years.
Can a military divorce be delayed during deployment?
Yes. The SCRA allows active-duty members to request a stay when duties prevent participation.
When must the Survivor Benefit Plan election be made?
A former spouse election generally must reach DFAS within one year of the divorce.
Can a former spouse keep TRICARE?
Only in limited cases, such as the 20/20/20 rule. Other former spouses must find new coverage.
Talk to a Jacksonville Beaches Military Divorce Attorney
Griffin Family Law helps service members and military spouses near NAS Jacksonville, Naval Station Mayport, and the Beaches work through Florida divorce law and federal military rules. When you call, we will ask about your service history, your family, and your goals, then walk through each item on this checklist for your situation. Learn more about our division of assets lawyer services.
