Divorce is tough no matter what, but when one or both spouses are in the military, things can get extra complicated. Between deployments, residency rules, and military benefits, service members and their spouses face unique challenges that civilian couples don’t have to think about.

If you’re going through (or considering) a military divorce in Florida, here’s what you need to know to make the process as smooth as possible.

1. Where Do You File for Divorce? (It’s Not Always Simple!)

For most people, filing for divorce means heading to the courthouse in their home state. But for military families, “home” isn’t always so clear-cut.

In Florida, you can file for divorce if:

• One spouse is stationed in Florida (even temporarily).
• One spouse is a Florida resident (meaning they’ve lived here for at least six months).

Since military families tend to move around, you might also have the option to file in your home state or even the state where you got married. But keep in mind—different states have different rules for dividing property and handling child custody.

If you have options, it’s a good idea to talk to an attorney about which state will work best for you.

2. The Servicemembers Civil Relief Act (SCRA) – What It Means for Your Divorce

Military life can make divorce take longer than it would for civilians, especially if one spouse is deployed. That’s where the Servicemembers Civil Relief Act (SCRA) comes in. This law protects active-duty service members by:

• Allowing them to delay divorce proceedings while they’re deployed.
• Preventing default judgments (so they don’t automatically lose a case just because they couldn’t respond in time).

This is important to know because if your spouse is deployed, the divorce process might take longer than expected. If you’re in this situation, collaborative divorce or mediation can help things move forward without unnecessary stress.

3. How Are Military Pay, Benefits, and Retirement Split?

Money is a big concern in any divorce, and in military divorces, there’s a lot more to consider—like base pay, special pay, housing allowances, and military pensions.

Military Retirement & the 10/10 Rule

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military pensions are considered marital property and can be divided in a divorce.

• If you were married at least 10 years AND your spouse served at least 10 years during that time, you qualify for the 10/10 Rule—which means the Defense Finance and Accounting Service (DFAS) can pay your share of the retirement benefits directly to you.
• If you don’t meet the 10/10 rule, you can still receive a share of the pension, but your ex will have to send you payments instead of DFAS handling it directly.

What About Housing Allowances & Child Support?

Military Basic Allowance for Housing (BAH) is factored into child support and alimony calculations.
Florida follows standard child support guidelines, but since military pay can include special allowances and bonuses, courts take a full financial picture when determining support payments.

4. Child Custody & Deployment: How Does It Work?

Custody arrangements can be challenging when one parent is in the military, especially with deployments and relocations in the mix.

Key Things to Know:

• Deployment CAN’T be used against a service member when deciding custody—but courts will consider how to maintain stability for the child.
• Family Care Plans are a must for military parents. These plans outline who will care for the child during deployments or long trainings.
• Relocation rules apply if a military parent is reassigned to another base. In most cases, custody agreements need to be updated when one parent moves.

If you’re a military parent, a flexible parenting plan that accounts for possible deployments can help avoid unnecessary custody battles.

5. What Happens to Military Spouse Benefits After Divorce?

If you’re the non-military spouse, you might be wondering what happens to your TRICARE, base privileges, and other benefits after divorce. The answer depends on how long you were married.

The 20/20/20 Rule – You Keep Full Benefits If:

• You were married for 20+ years.
• Your spouse served for 20+ years.
• Your marriage and military service overlapped for at least 20 years.

If you meet this 20/20/20 rule, you can keep TRICARE, military ID, and base privileges for life.

The 20/20/15 Rule – Limited Benefits:

• If you had at least 15 years of overlap, you get TRICARE for one year after the divorce but lose base privileges.

If you don’t meet either rule, you’ll lose access to TRICARE and military benefits after the divorce is final.

6. Why Collaborative Divorce or Mediation Can Be a Game-Changer for Military Families

Going through a divorce doesn’t have to mean war—even in the military. In fact, for military families, mediation or collaborative divorce is often the best way to go.

Here’s why:

• It’s faster than litigation, which is great if one spouse is deployed or relocating.
• It keeps things civil, which is important if you’ll still be co-parenting.
• It helps you negotiate creative custody solutions that fit military life.

Instead of a long, drawn-out court battle, collaborative divorce helps both spouses reach a fair agreement—without unnecessary delays.

Final Thoughts

Military divorce can feel overwhelming, but you don’t have to figure it out alone. Whether you’re a service member or a military spouse, understanding your rights when it comes to custody, benefits, and finances is key to securing a stable future.

If you’re considering divorce, mediation, or a collaborative approach, Melendez Law Office is here to help. Reach out today to get the guidance you need to move forward with confidence.