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