Military Spouse Divorce · Florida

Military Spouse Divorce in Florida.
Protect Your TRICARE, Pension Share & SBP.

If you are the non-military spouse in a Florida divorce, the federal layers can quietly cost you years of healthcare, your survivor pension benefit, and a fair share of the marital pension. Attorney Fraser has represented military spouses through every variation: 20/20/20, 20/20/15, sub-10/10, deployment-timed filings, BAH transitions, and SBP elections. Filing decisions made before consulting an attorney can be irreversible.

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Quick Answer

Military spouse divorce in Florida implicates four federal frameworks beyond standard family law: USFSPA (pension share), TRICARE (20/20/20 and 20/20/15 rules), SBP (Survivor Benefit Plan, one-year deadline), and SCRA (deployment stays). Florida applies equitable distribution under Fla. Stat. § 61.075 to the marital portion of military retired pay. Free consultation: 877-862-7188. Steven C. Fraser, Esq., FL Bar No. 625825, DC Bar No. 460026, FL Supreme Court Certified Mediator (Cert. No. 37256 CFR).

For the Non-Military Spouse

What Most Military Spouses Don’t Know Until It’s Too Late

Most military divorces are filed by the service member or under deployment pressure. The non-military spouse often signs a marital settlement agreement without understanding what is being given up, and federal rules make many of those decisions irreversible. The deadlines on SBP, the cliff thresholds on TRICARE 20/20/20 and 20/20/15, and the calculation of the marital pension share are not intuitive. They require specific legal analysis before any agreement is signed.

Frequently Asked Questions

Military Spouse Divorce Questions

Will I keep TRICARE after divorce?
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It depends on overlap. 20/20/20 (20 years marriage, 20 years service, 20 years overlap), full TRICARE for life. 20/20/15 (20 years marriage, 20 years service, 15 years overlap), TRICARE for 1 year only. Below either, TRICARE ends with divorce; CHCBP provides a 36-month bridge at premium cost.
What share of my spouse's military pension can I receive?
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Florida applies equitable distribution under Fla. Stat. § 61.075 to the marital portion of military retired pay. Marital portion is calculated using a coverture fraction, months of marriage during creditable service over total months of creditable service. The court can award up to 50% of the marital portion. 10/10 rule controls DFAS direct pay.
What is the Survivor Benefit Plan and why does it matter for me?
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SBP provides ongoing pension income to a surviving former spouse after the service member's death, typically 55% of the elected base. Without former-spouse SBP coverage, your USFSPA pension share ends when the service member dies. To preserve it: deemed election or court-ordered SBP designation must be filed with DFAS within ONE YEAR of divorce. Missed deadline = permanent loss.
How is BAH treated when calculating child support and alimony?
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Florida treats BAH as gross income under Fla. Stat. § 61.30. BAS, Sea Pay, and other special pays are also counted. BAH-Single vs BAH-Dependent rates affect post-divorce eligibility, when the service member loses dependents, BAH may drop to the single rate, affecting support calculations.
My spouse is deploying and threatened me with divorce, what can I do?
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You have full legal standing to file for divorce in Florida (6-month residency required). SCRA protects the service member, but does not block your right to file. SCRA can stay proceedings if duties materially affect ability to appear, but does not eliminate the case. Document financial accounts, joint property, and access information immediately. Consult before signing any deployment-pressured agreement.

Military Spouse Free Consultation

Confidential consultation by phone or video. Same-week availability. SBP and TRICARE deadlines analyzed before you sign anything.

Schedule via Calendly →📞 877-862-7188