December 9, 2025
Military service adds layers of complexity to any Florida divorce. Between federal protections, pension rules, and deployment schedules, spouses of service members face questions that don’t exist in civilian cases. Understanding how Florida courts handle military divorces in St. Petersburg protects your rights and helps you plan for realistic outcomes.
Military status affects jurisdiction, timelines, asset division, custody arrangements, and benefits. Florida family courts apply state law while honoring federal statutes like the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act.
A St. Petersburg military divorce lawyer who understands both frameworks prevents costly mistakes and ensures your case moves forward properly. Call (727) 269-5300 to discuss your military divorce situation with Khonsari Law Group.
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Key Takeaways for Military Divorce in Florida
- The Servicemembers Civil Relief Act (SCRA) may allow your military spouse to delay divorce proceedings if deployment or military duties interfere with their ability to participate
- Florida courts may divide military retirement benefits as marital property, but the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how those payments are made through DFAS
- Deployment affects custody timesharing, but Florida law protects the service member’s parental rights through temporary modifications rather than permanent changes
Where Can You File for Divorce When Your Spouse Is in the Military
Florida divorce jurisdiction becomes complicated when one spouse is stationed elsewhere. Florida courts may hear your case if either spouse meets the state’s six-month residency requirement before filing. Service members stationed in Florida but claiming legal residence elsewhere create unique situations.
The military member’s official domicile (often their home of record) matters for some purposes, but doesn’t control where divorce cases can be filed. Florida Statute 61.021 allows filing in the county where either party resides. If your spouse is deployed overseas or stationed in another state, you may still file in Pinellas County if you’ve lived here at least six months.
Military orders don’t automatically prevent filing. They just complicate service of process and sometimes trigger SCRA protections. A St. Petersburg military divorce attorney coordinates proper service through military channels and addresses jurisdictional arguments that might arise.
How the Servicemembers Civil Relief Act Affects Your Florida Divorce
The SCRA provides active-duty members with specific legal protections, including the right to request stays or continuances in civil proceedings. If your spouse is deployed or military duties prevent their participation, they may ask the court to delay the divorce temporarily. The stay isn’t automatic; military members must formally request it and show how service affects their ability to respond.
Florida courts balance SCRA protections against the civilian spouse’s right to proceed. Judges evaluate whether the service member truly cannot participate or whether they’re simply stalling. Military status doesn’t grant indefinite delays, but legitimate deployment situations often result in 90-day continuances that may be extended if circumstances continue.
SCRA also affects default judgments. Courts require proof that the defendant isn’t in military service before entering default. If your spouse is active-duty and doesn’t respond, you must submit an affidavit about their military status.
Financial Considerations in Florida Military Divorces
Military divorces involve unique financial complexities that civilian cases rarely encounter. Florida courts divide marital assets equitably, while federal statutes govern the transfer of military-specific benefits, such as retirement pay and health coverage, after divorce. Marital settlement agreements must address pensions, survivor benefits, housing allowances, and support calculations that account for military pay structures.
Military Pensions and Retirement Benefits in Florida Divorces
Florida treats military retirement as marital property subject to equitable distribution. The portion earned during the marriage becomes divisible, while time served before marriage or after separation typically remains separate property. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military retired pay, but doesn’t require division.
The 10/10 rule governs direct payment from the Defense Finance and Accounting Service (DFAS). If the marriage lasted at least 10 years while the member performed at least 10 years of creditable service, DFAS may pay the former spouse directly rather than requiring the retiree to forward payments.
Marriages shorter than 10 years may still receive a share, but payment comes from the service member, not DFAS.
Military pensions use different calculation methods than civilian retirement accounts. A military divorce attorney in St. Petersburg coordinates with military finance experts to value these benefits accurately because mistakes affect payments for decades.
TRICARE and Military Health Benefits After Divorce
TRICARE coverage typically ends when your divorce becomes final. Former spouses might retain eligibility under limited circumstances. The 20/20/20 rule grants lifetime TRICARE benefits if the marriage lasted at least 20 years, the service member served at least 20 creditable years, and at least 20 years overlap. The 20/20/15 rule provides one year of transitional coverage if only 15 years overlap.
Survivor Benefit Plan (SBP) elections become critical during divorce negotiations. Florida courts may order the service member to elect former spouse SBP coverage, which provides income continuation if the retiree dies. These elections must be addressed in the divorce decree and submitted to DFAS within specific timeframes, or the right is lost permanently.
Military Pay, BAH, and Florida Child Support Calculations
Florida uses statutory guidelines to calculate child support based on both parents’ income. Military pay includes base pay, allowances, and special pay for support calculations.
Basic Allowance for Housing (BAH) counts as income even though it’s technically a housing allowance. Hazardous duty pay, flight pay, and similar compensation factor into the calculation.
Florida courts deduct the service member’s support obligation directly from military pay through allotments when requested. The military limits total involuntary allotments to protect service members, but child support receives priority. Courts enter standardized income withholding orders that military finance offices honor through payroll deduction.
Deployment affects support obligations only if income actually changes. Some combat pay is tax-free but still counts for support purposes. Temporary duty assignments that increase income might trigger modification requests. Florida requires substantial changes in circumstances before modifying support, so short deployments often don’t justify adjustments.
Child Custody, Timesharing, and Deployment Considerations
Military service affects schedules, but Florida courts do not automatically favor or penalize either parent.
Key custody and timesharing issues in military divorces include:
- Temporary modifications during deployment: The at-home parent typically receives the deployed parent’s timesharing during absence, but Florida law allows the service member to delegate timesharing to family members like grandparents.
- Protection of parental rights: Deployment triggers temporary timesharing modifications rather than permanent changes that would require a new best-interest analysis, preserving the service member’s custody rights upon return from duty
- Relocation requirements: Florida’s relocation statute requires notice and court approval for moves over 50 miles that affect the other parent’s timesharing, creating challenges when PCS orders arrive unexpectedly
- Proactive planning: Military families often negotiate specific relocation terms in parenting plans to address predictable transfers without relitigating custody every time orders arrive
These provisions strike a balance between the service member’s military obligations and the child’s need for stability, as well as the civilian parent’s practical caregiving role during deployments. A child custody and time-sharing attorney may provide practical guidance on these issues.
FAQ About Military Divorce in St. Petersburg
What Happens to Custody if My Spouse Receives Deployment Orders Mid-Divorce?
Florida law protects the service member’s parenting time through temporary modifications rather than permanent changes. The deploying parent may delegate timesharing to family members. Courts issue temporary orders addressing the deployment period while preserving the service member’s timesharing for when they return. These provisions must be requested formally through proper motions.
Do I Need a Lawyer Knowledgeable in Military Divorce?
Military divorces involve federal statutes that don’t apply to civilian cases. SCRA protections, USFSPA pension rules, and TRICARE eligibility create complications that may be overlooked by general family law attorneys. St. Petersburg military divorce lawyers understand both Florida family law and federal military provisions, preventing expensive mistakes that affect your rights for years.
Can My Ex-military Spouse Use Deployment as an Excuse to Avoid Paying Alimony or Child Support in Florida?
No. Deployment doesn’t eliminate support obligations, and Florida courts distinguish between legitimate inability to pay and strategic avoidance. Military members remain responsible for court-ordered alimony and child support regardless of where they’re stationed or deployed. The military even helps facilitate enforcement.
Get Strategic Guidance for Your St. Petersburg Military Divorce
Military divorce in Florida requires attorneys who understand how federal protections and Florida family law intersect. Khonsari Law Group handles military divorce cases in St. Petersburg with precision, protecting your interests while navigating SCRA stays, pension divisions, and custody modifications that account for deployment and relocation realities.
Questions about military divorce in Pinellas County? Call (727) 269-5300 for a confidential consultation, or use the contact form to discuss your situation with a St. Petersburg family law attorney who understands military cases.