Military Divorce in Florida: What Makes It Different?

Guidance from Your 850 Divorce Lawyer, Justin Andersson, P.A.

Divorce is rarely simple but when one or both spouses serve in the military, the process comes with unique challenges and rules that don’t apply to civilian cases. From deployment schedules to federal benefits, military divorces require careful planning and legal expertise.

Justin Andersson helps service members, veterans, and their families in Panama City, Bay County, and across the Florida Panhandle navigate the complexities of military divorce with clarity and confidence.

Here’s what makes a military divorce in Florida different.

1. Residency and Where to File

For civilians, you generally must live in Florida for at least 6 months before filing for divorce. In military divorces, the rules are more flexible:

• You can file where you live.

• You can file where your spouse lives.

• Or you can file where your spouse is stationed.

This flexibility helps, but it can also be confusing. A local attorney can help you decide the best jurisdiction for your case.

2. Delays Due to Active Duty

Military service can affect the timing of divorce proceedings. Under the Servicemembers Civil Relief Act (SCRA), active-duty service members can request a delay (or “stay”) if their duties prevent them from fully participating in the case.

This ensures that no one is disadvantaged simply because of deployment or training obligations.

3. Dividing Military Pensions and Retirement Benefits

One of the most complex aspects of military divorce is handling retirement benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military pensions.

Key points to know:

• Spouses married at least 10 years, overlapping with 10 years of service, may qualify for direct payment from the Defense Finance and Accounting Service (DFAS).

• Even if the marriage doesn’t meet the “10/10 rule,” spouses may still be entitled to a portion of retirement benefits—it just won’t be paid directly by DFAS.

4. Healthcare and Other Military Benefits

Military divorces can also impact healthcare, commissary, and exchange privileges:

• 20/20/20 Rule: If you were married for 20 years, your spouse served 20 years, and those years overlapped, you may retain full benefits.

• 20/20/15 Rule: If at least 15 years overlapped, you may qualify for transitional medical benefits.

Understanding these rules is crucial for financial and healthcare planning after divorce.

5. Child Custody and Deployment Considerations

Military parents face unique challenges with custody and timesharing. Deployments, relocations, and training schedules must be factored into a parenting plan.

Florida courts prioritize the best interests of the child, but they also recognize the realities of military life. Parenting plans can include provisions for video calls, temporary custody shifts, and adjustments during deployment.

6. Support Payments and the Military

Military members are subject to both state laws and military regulations regarding child support and spousal support. Each branch has rules requiring service members to provide adequate support to dependents, even before a court order is in place.

Having a lawyer who understands these overlapping rules is essential to avoid mistakes and ensure compliance.

Why Military Families in Florida Trust Justin Andersson

With Naval Support Activity Panama City, Tyndall Air Force Base, nearby Eglin Air Force Base, and in Pensacola, military families are a vital part of the Florida Panhandle community. Justin Andersson has experience helping service members and their spouses navigate:

• Jurisdiction and residency issues

• Military pension division

• Child custody with deployment schedules

• Healthcare and military benefit questions

• Fair spousal and child support arrangements

Protect Your Future With the Right Guidance

Military divorce is different but you don’t have to figure it out on your own. Justin Andersson provides the knowledgeable, compassionate legal support you need to move forward.

Call: (850) 871-7397
Visit: https://850divorcelawyer.cliogrow.com/book

Disclaimer: The information on this site is not legal advice and does not create an attorney-client relationship. Past results do not guarantee future outcomes. Justin Andersson is not board certified in marital and family law by The Florida Bar. For full details, please see our Legal Disclaimer page or email info@850DivorceLawyer.com to request a copy.