Military Divorce in Florida's 14th Judicial Circuit: A Guide for Tyndall and NSA Panama City Families
By Justin Andersson, Esq. | Justin Andersson, P.A., Panama City
For service members and military spouses in Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties
Military families know how to handle hard things. You’ve packed out on short notice, run the house solo through a deployment, and found the commissary in a new town before you found the light switches.
Divorce is a different kind of hard. When one or both of you serve, federal law sits on top of Florida law, the pension has its own vocabulary, and orders can move a parent across the country in the middle of a case. Military life already has too many acronyms. I’m sorry to report that divorce adds a few more.
Much of this runs on federal law that is detailed and changes over time, so I’ll keep those parts general. Here’s what Tyndall and NSA Panama City families should know before anything gets filed.
Where can a military couple file?
Florida’s general rule is that one spouse must have lived in Florida for six months before filing.
A service member or military spouse living in Florida is presumed (the law says “prima facie”) to be a Florida resident, and Florida’s appeals courts have recognized that military members can file here without proving six months of physical presence. But those courts have also held that intent to make Florida a permanent home is still part of the test.
- Stationed here, legal home elsewhere. If neither of you intends to stay, Florida may not be the right place to file. Parenting, support and the pension each have their own jurisdiction rules, so pieces of a military case sometimes belong in different states.
- Florida home, stationed elsewhere. Many members keep Florida as their legal residence while serving elsewhere (shown by a Florida driver license, home of record, voter registration or tax residency), and that can give a Florida court jurisdiction.
- Member living outside Florida. The filing spouse must plead and prove specific facts giving a Florida court personal jurisdiction, meaning power over the member. Taking part in a Florida custody case, or coming to Florida to take part in it, doesn't by itself submit an out-of-state parent to Florida's jurisdiction for other purposes. But being personally served while in Florida for some other reason can. Get advice before traveling here for court.
Pro Tip: Where you file can decide whether a court has the power to divide the military pension at all. Make that choice with the pension in mind, on day one.
Serving a service member
Florida has no special statute for serving military members; the usual methods apply. The simplest route is voluntary acceptance, often arranged through the chain of command or the base legal (JAG) office, though the member isn’t required to accept. Off base, service works like it does for anyone. On base, a sheriff or private process server serves under the installation’s procedures, so contact the Staff Judge Advocate or Provost Marshal first. Overseas service can take a lot of time and money.
The Servicemembers Civil Relief Act, in plain terms
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects service members on active duty, including Guard and Reserve members called to qualifying active service, when military duty keeps them from taking part in a case.
- Military status must be addressed, usually by sworn affidavit. Knowingly filing a false one is a federal crime.
- A delay (a "stay"). When the SCRA's conditions are met, the court generally must pause the case for at least 90 days. A request typically needs a statement of how duty prevents appearing and a commanding officer's letter that leave isn't authorized.
- No quick default. If a protected member doesn't respond, an attorney should be appointed for the member instead of simply entering a default. A default against a protected member may later be reopened if the member applies within a limited time after leaving active duty and shows a defense and that active duty materially hurt his or her ability to defend.
- Not a shield against support. Older decisions from one Florida appeals court outside our district have treated a member's failure to support the family as evidence of bad faith that can justify denying a stay.
Dividing military retired pay
A federal law, the Uniformed Services Former Spouses’ Protection Act, lets state courts divide military retired pay. It doesn’t require it or set the share; state law decides. And a former spouse gets nothing unless the final court order awards it.
In Florida, retirement benefits earned during the marriage, vested or not, are marital assets, so the pension is on the table even if retirement is years away. Only the marital share is divided, not the part earned before the marriage. Only “disposable retired pay” (gross retired pay minus items such as VA waivers and Survivor Benefit Plan premiums) is divisible, and military disability retired pay isn’t divisible to the extent it is based on the member’s disability rating. Because a pension division is property, Florida’s appeals courts have held it can’t be modified later the way alimony can. (See our Property Division page.)
The jurisdiction trap. Living in Florida on military orders isn’t enough, by itself, for a Florida court to divide the pension, even if you own a home here and the kids live here. Under federal law, the member must live here for a reason other than military assignment, have a legal home (domicile) here, or consent. Serving the member in Florida doesn’t satisfy this rule, and what counts as consent is a technical question. Without it, the military’s pay center, DFAS, may refuse to pay under the order.
The frozen benefit rule. If the divorce was finalized after December 23, 2016 and the member hadn’t yet retired, the divisible pay is generally frozen at the member’s pay grade and years of service at the divorce, plus later retiree cost-of-living increases. The former spouse generally doesn’t share in later promotions. The order must state the member’s “High-3” average pay and years of service (or, for Guard and Reserve members, retirement points) as of the divorce.
The 10/10 rule: how you're paid, not whether
The 10/10 rule doesn’t decide whether a spouse gets a share; the marital share is divided regardless of how long the marriage lasted. It decides payment. With at least 10 years of marriage overlapping 10 years of creditable service (measured to the final judgment, not separation or filing), DFAS can pay the former spouse directly after receiving a DD Form 2293 and a certified court order. Otherwise, the member pays the former spouse. DFAS won’t pay retroactive amounts; those have to be collected from the member.
Blended Retirement, TSP and leave
Members who entered service on or after January 1, 2018 are automatically in the Blended Retirement System, which pairs a smaller pension with Thrift Savings Plan (TSP) contributions, so every one of them has a TSP account. The TSP is a marital asset, much like a 401(k), divided by a Retirement Benefits Court Order. Look for both military and civilian TSP accounts. A spouse who receives TSP funds in the divorce can generally take that court-ordered payment in cash without the early-withdrawal penalty, though income taxes still apply. Accrued leave can be a marital asset too; up to 60 days can be cashed out over a career, at base pay only.
Survivor benefits, VA disability and TRICARE
Survivor Benefit Plan (SBP). A former spouse’s share of retired pay ends when the member dies. A Florida court can order the member to name the former spouse as SBP beneficiary, but only one spouse or former spouse can be covered, and SBP generally can’t be added at the divorce if spouse coverage was declined at retirement. The former spouse should file a “deemed election” (DD Form 2656-10) so that it is received within one year of the court order requiring the coverage. If that deadline passes and the member hasn’t made the election, SBP rights are lost.
VA disability. VA disability pay can’t be divided. For many retirees, depending on the rating, receiving VA disability reduces retired pay dollar for dollar, and the retiree can make that choice after the divorce without the former spouse’s consent. A percentage award shrinks with it; a fixed-dollar award is generally protected from that waiver (as long as enough retired pay remains to cover it) but gets no cost-of-living increases. A court can’t order the veteran to make up the loss, and Florida’s appeals courts have held it can’t be done through other assets either. A negotiated settlement clause is the protection usually discussed, but how far those clauses will be enforced is not fully settled, so get specific advice. VA disability does count as income for alimony and child support.
TRICARE and base privileges. Federal law, not the judge, sets these. A spouse’s TRICARE eligibility ends on the date of the final judgment. A “20/20/20” former spouse (20 years each of marriage, service and overlap) generally keeps TRICARE and commissary and exchange privileges. But remarrying ends TRICARE eligibility, even if the new marriage later ends, and being covered by an employer-sponsored health plan cuts it off too. A “20/20/15” former spouse gets one year of transitional TRICARE. Others may be able to buy coverage, generally for up to 36 months, through the Continued Health Care Benefit Program, but must enroll within 60 days after TRICARE eligibility ends.
Military pay counts for support
Florida child support income includes allowances and in-kind payments, not just base pay. Housing (BAH) and food (BAS) allowances count even though they aren’t taxed, and an overseas housing allowance must be included. Allowances don’t show up on a W-2, so use the Leave and Earnings Statement (LES), not the tax return, and enter taxable and nontaxable pay correctly.
Before a court order, each branch’s short-term support rules apply, but they don’t replace Florida’s guidelines or bind the court. If a member won’t support the family, the spouse can contact the commanding officer.
Deployment and your parenting plan
Florida’s parenting rules, including the presumption that equal time-sharing is in a child’s best interests, apply to military families (our time-sharing guide covers the basics). Florida also has a law for deploying parents in every branch, active and reserve, including the Space Force, Coast Guard and National Guard. “Deployment” means orders for less than 18 months that are unaccompanied, don’t authorize dependents to travel, or otherwise don’t let family members come along.
- It can't be held against you. A court may not consider a parent's past or possible future deployment in deciding the child's best interests.
- Give written notice. A deploying parent must notify the other parent in writing within seven days after receiving notice of deployment (or, if the circumstances of service prevent that, as soon as reasonably possible), and then propose a plan as soon as reasonably possible. An email works; a phone call doesn't.
- Temporary agreements. Parents can sign a written deployment agreement covering caretaking, contact (including electronic contact), leave time and when it ends. It doesn't change child support, gives a relative or other nonparent no permanent rights, and must be filed in any existing custody or support case.
- Temporary orders. Either parent can ask the court for a temporary custody order, with an expedited hearing if it's filed before deployment. After notice of deployment and until it ends, the court can't enter a permanent custody order without the deploying parent's consent. Unless it isn't in the child's best interests, the order must provide liberal communication during deployment and liberal contact during leave. At the deploying parent's request, the court may let an adult family member, or another adult with a close and substantial relationship with the child, use that parent's time.
- Electronic testimony. In a temporary custody proceeding under this law, a deploying parent who can't appear in person may testify by phone, video or other electronic means.
- Coming home. Unless the parents agree otherwise, a temporary agreement ends 30 days after the deploying parent gives notice of return, and until the temporary arrangement ends, the court must order reasonable contact for the returning parent unless that isn't in the child's best interests.
Pro Tip: Build deployment into your original parenting plan, including extra time around pre- and post-deployment leave and video calls. Without a plan, the deployment statute controls.
PCS moves are relocations
Florida’s deployment law expressly doesn’t apply to a permanent change of station (PCS); the relocation statute does. Florida’s appeals courts have held that a PCS is a permanent assignment that triggers the relocation rules, not a temporary deployment. Once there is a time-sharing order or a pending case, relocation means moving a parent’s main residence at least 50 miles away for at least 60 consecutive days, and it requires a written agreement signed by both parents (and anyone else with time-sharing) and approved by the court, or a petition to relocate. The statute has no special military rules, and in a contested case there is no presumption for or against the move.
A distant duty station can also be a substantial and material change that supports modifying a parenting plan, if the modification is in the child’s best interests. But Florida’s appeals courts have held that a judge can’t decide in advance what will be best if the military parent moves back someday. Our relocation guide has more.
DO:
- Put deployment notices and parenting proposals in writing
- Gather your LES and retirement records before you negotiate
DON’T:
- Assume living near Tyndall means a Florida court can divide the pension
- Sign an agreement that says only "half the military retirement"
Document checklist
- Recent Leave and Earnings Statements
- Deployment, PCS or activation orders
- Proof of legal residence (driver license, home of record, voter registration)
- Retirement details: rank, years of service, and a retirement points statement for Guard and Reserve
- TSP statements, military and civilian
- VA disability rating letter
- SBP election paperwork, if already retired
- Existing court orders, parenting plans and deployment agreements
Frequently asked questions
Not necessarily. A service member or spouse living in Florida is presumed to be a resident, but intent to make Florida a permanent home still counts.
It can be. The marital share can be divided no matter how long the marriage lasted; the 10/10 rule decides only whether DFAS pays you directly.
Generally not, if the divorce was finalized after December 23, 2016 and the member hadn't retired.
It isn't designed to. It can pause a case for at least 90 days when its conditions are met; any further delay depends on the facts.
No. Florida's deployment law doesn't apply to a PCS. If there is a time-sharing order or a pending case and PCS orders move a parent 50 miles or more for at least 60 consecutive days, the relocation statute applies.
Final Thought
Military families are built for change. But some divorce consequences are permanent: a pension split that can’t be modified, a parenting plan that has to survive the next set of orders, and survivor benefits that can be lost to a missed deadline.
Most of the costly mistakes are avoidable with planning. Whether you serve, you’re married to someone who does, or you’ve hung up the uniform, let’s talk before anything gets signed.
You’ve got this. And I’ve got your back.
Justin Andersson, Esq.
Your 850 Divorce Lawyer
Justin Andersson, P.A. | 435 W. Oak Avenue, Panama City, FL 32401
Serving Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties, in person or by video.
Questions? Call (850) 871-7397 or visit www.850divorcelawyer.com.
This article is provided for general informational and educational purposes about Florida law and 14th Judicial Circuit procedures as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Military divorces also involve federal law that changes over time, and every case turns on its own facts.
Florida law referenced: Sections 47.081, 61.021, 61.076, 61.08, 61.13, 61.13001, 61.30, 61.510, 61.703, 61.709, 61.713, 61.721, 61.723, 61.729, 61.733, 61.735, 61.739, 61.745, 61.761, 61.763 and 61.773, Florida Statutes.
Federal law referenced: Servicemembers Civil Relief Act (Title 50, United States Code); Uniformed Services Former Spouses’ Protection Act and the Survivor Benefit Plan and former-spouse benefit provisions (Title 10, United States Code); veterans’ disability compensation (Title 38, United States Code); Thrift Savings Plan (Title 5, United States Code).