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What Makes Military Divorce Different in Florida?
Nearly 19,700 active-duty service members and 7,950 reservists divorced in 2022 alone.[2] Military divorce is governed by a combination of Florida state law and federal statutes that do not apply to civilian cases — and getting any of these wrong can cost you tens of thousands of dollars or years of benefits.
The key differences between military and civilian divorce in Florida:
- Federal protections (SCRA) — Active-duty service members can delay divorce proceedings, prevent default judgments, and get extensions to respond to petitions
- Military pension division (USFSPA) — Military retirement pay is divisible as marital property under 10 U.S.C. § 1408, but only through proper court orders submitted to DFAS[3]
- Benefit eligibility rules — The 20/20/20 and 20/20/15 rules determine whether a former spouse keeps TRICARE, commissary access, and other military benefits after divorce
- BAH and military pay — Basic Allowance for Housing, Basic Allowance for Subsistence, and special pay affect child support and alimony calculations
- Deployment complications — Custody, time-sharing, and court appearances are all affected when a parent is deployed overseas
- Jurisdiction issues — A service member’s legal residence, duty station, and domicile may all be in different states, creating complex filing questions
An attorney who does not understand these federal-state intersections can file incorrect pension division orders, miss benefit eligibility windows, or fail to invoke SCRA protections when they matter most.
Jacksonville: Florida’s Largest Military Community
Jacksonville’s military presence generates $9.1 billion in economic impact — 17% of the entire Duval County economy.[1] With six major military installations in the area, military divorce is not a niche practice here — it is a core part of family law.
Jacksonville-area military installations:
- Naval Air Station Jacksonville — Over 11,000 military personnel assigned
- Naval Station Mayport — Home port for multiple Navy surface combatants
- Kings Bay Naval Base — Submarine base in nearby Camden County, GA
- Camp Blanding Joint Training Center — Florida National Guard training facility
- Naval Aviation Depot Jacksonville — Major aircraft maintenance facility
- Marine Corps Blount Island Command — Maritime prepositioning force
Approximately 150,000 military personnel, dependents, and retirees reside in the Jacksonville area.[1] That concentration means Duval County family courts handle military divorce regularly — and local attorneys need to know both Florida family law and the federal military laws that override or supplement it.
Filing for Military Divorce in Florida
Florida requires that at least one spouse has been a resident of the state for six months before filing for divorce (F.S. § 61.021).[4] For military families, residency can be established by:
- Being stationed in Florida (even if your legal domicile is another state)
- Maintaining Florida as your Home of Record
- Living in Florida as a military spouse for at least six months
Where to file: You can file in the county where either spouse resides. For military families stationed at NAS Jacksonville or NS Mayport, that is typically Duval County Circuit Court.
Jurisdiction challenges: A service member stationed in Florida can file here, but their spouse in another state may also have jurisdiction. If both states have jurisdiction, the first to file typically controls. Your attorney must analyze which state’s laws are more favorable before filing.
Florida is a no-fault divorce state (F.S. § 61.052), meaning you only need to prove the marriage is “irretrievably broken.” Neither spouse needs to prove wrongdoing, though adultery is now a factor in alimony determinations under the 2023 reform.
SCRA Protections for Active-Duty Service Members
The Servicemembers Civil Relief Act (50 U.S.C. §§ 3931–3938) provides critical protections for service members who cannot participate in court proceedings due to military duty.[5]
Key SCRA protections in divorce:
- Stay of proceedings — A service member can request a minimum 90-day delay of any civil court proceeding, including divorce, if military duty prevents participation. Additional stays may be granted.
- Protection from default judgment — A court cannot enter a default judgment against a service member who fails to appear due to military service. The court must appoint an attorney to represent the absent member’s interests.
- Interest rate cap — Pre-service debts are capped at 6% interest during active duty, which can affect property division calculations.
- Lease termination — Service members can terminate residential leases without penalty upon deployment or PCS orders, relevant when dividing marital housing.
How to invoke SCRA: The service member (or their attorney) must submit a letter or motion to the court requesting a stay, along with a letter from their commanding officer confirming that military duties prevent appearance and stating when the member will be available.
SCRA does not prevent divorce from proceeding entirely — it ensures the service member gets a fair opportunity to participate. Once the member is available, the case moves forward under normal Florida procedures.
Military Pension Division Under USFSPA
The Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) allows — but does not require — Florida courts to divide military retirement pay as marital property.[3] The maximum that can be divided is 50% of disposable retired pay (or up to 65% when combined with child support and alimony garnishments).
Understanding USFSPA is critical because mistakes in the pension division order can be permanent — DFAS will reject improperly drafted orders, and retroactive corrections are extremely difficult.
What counts as disposable retired pay:
- Gross retired pay minus deductions for disability compensation, Survivor Benefit Plan premiums, and amounts owed to the government
- Does NOT include VA disability pay (which is not divisible)
- Does NOT include Combat-Related Special Compensation (CRSC)
How pension division is calculated: Florida courts typically use a formula based on the marital share of retirement — the portion of military service that overlapped with the marriage, divided by total creditable service, multiplied by the retirement benefit.
The 10/10 Rule: Direct Payments from DFAS
The 10/10 rule determines whether a former spouse receives their share of military retirement directly from DFAS (Defense Finance and Accounting Service) or must collect from the service member personally.[3]
The 10/10 rule requires:
- At least 10 years of marriage
- At least 10 years of creditable military service
- At least 10 years of overlap between the marriage and military service
If all three conditions are met, DFAS pays the former spouse’s share directly. If not, the former spouse is still entitled to their court-ordered share — they just have to collect it from the service member, which creates enforcement challenges.
Important: The 10/10 rule only affects the payment method, not the right to a share of retirement. A former spouse married for 5 years can still receive a court-ordered share of military pension — they just cannot get direct DFAS payments.
The 20/20/20 and 20/20/15 Benefit Rules
These rules determine what military benefits a former spouse keeps after divorce — and losing them can mean thousands of dollars per year in healthcare costs alone.
20/20/20 Rule (full benefits):
- 20 years of marriage
- 20 years of military service
- 20 years of overlap between marriage and service
- Benefits retained: Full TRICARE coverage, commissary and exchange access, Space-A travel
20/20/15 Rule (transitional benefits):
- 20 years of marriage
- 20 years of military service
- At least 15 years (but less than 20) of overlap
- Benefits retained: TRICARE coverage for one year after divorce, then must find alternative coverage
Less than 15 years overlap: No independent military healthcare benefits. The former spouse must obtain coverage through the ACA marketplace, employer, or COBRA (up to 36 months through the Continued Health Care Benefit Program at full cost).
These benefit rules are non-negotiable — they are federal law. But many divorcing spouses do not know about them until it is too late. If your divorce is finalized one month before hitting the 20/20/20 threshold, you lose lifetime healthcare benefits worth hundreds of thousands of dollars.
BAH, BAS, and Military Pay in Divorce
Military compensation includes more than base pay, and Florida courts consider all income sources when calculating child support and alimony — including allowances that are tax-free.[4]
| Pay Grade | BAH w/ Dependents | BAH w/o Dependents | Difference |
|---|---|---|---|
| E-5 | $2,181/mo | $1,803/mo | $378/mo |
| E-7 | $2,283/mo | $2,049/mo | $234/mo |
| O-3 | $2,364/mo | $2,211/mo | $153/mo |
| O-5 | $2,736/mo | $2,301/mo | $435/mo |
2026 BAH rates for NAS Jacksonville, FL.[6]
Income components considered in Florida military divorce:
- Base pay — The primary compensation, taxable
- BAH (Basic Allowance for Housing) — Tax-free, but counted as income for support calculations in Florida
- BAS (Basic Allowance for Subsistence) — Tax-free food allowance, also counted as income
- Special and incentive pays — Flight pay, hazardous duty pay, sea pay, combat pay
- Bonuses — Reenlistment bonuses and retention bonuses earned during the marriage are marital property
The tax-free nature of BAH and BAS is significant. A service member’s total compensation is higher than their taxable income suggests, which affects both child support guidelines calculations and alimony determinations.
Child Custody and the 50/50 Presumption in Military Divorce
Florida’s 2023 family law reform (Ch. 2023-301) created a presumption of equal time-sharing between parents — and this applies to military families just as it does to civilians.[7]
However, military service creates unique custody challenges:
- Deployment — A parent cannot exercise 50/50 time-sharing while deployed. Florida law (F.S. § 61.13002) addresses temporary custody modifications during deployment.
- PCS moves — Permanent Change of Station orders can trigger relocation disputes. Florida requires court approval to move a child more than 50 miles (F.S. § 61.13001).
- Family Care Plans — Military regulations require service members with dependents to have a Family Care Plan designating a caregiver during deployment. This does not override court custody orders.
- No deployment penalty — Under both federal and Florida law, a court cannot permanently modify custody based solely on a parent’s military deployment or mobilization.
The key to military custody is building a parenting plan that accounts for the realities of military service — including deployment schedules, makeup time provisions, and virtual visitation during absences.
How Deployment Affects the Divorce Process
Deployment does not stop a divorce — it changes the timeline and process. Here is what happens when one spouse is deployed during divorce proceedings:
- SCRA stay — The deployed spouse can request a minimum 90-day stay of all proceedings. Most judges grant this automatically.
- Remote participation — Many Duval County judges now allow telephonic or video testimony for deployed service members, reducing the need for delays.
- Power of attorney — A deployed service member can grant their attorney a limited power of attorney to make decisions and sign documents during the divorce.
- Temporary orders — The court can enter temporary child support, custody, and spousal support orders that remain in effect until the deployed parent returns and a final hearing is held.
- No default judgment — SCRA prevents the court from entering a final judgment against a deployed service member who has not had the opportunity to participate.
Planning matters here. If you know deployment is coming, working with your attorney to establish temporary orders before departure can protect your interests while you are overseas.
Alimony in Military Divorce After the 2023 Reform
Florida’s 2023 alimony reform (Ch. 2023-301) eliminated permanent alimony and changed the rules for all four remaining types — and these changes directly impact military divorce.[7]
Key changes affecting military families:
- Permanent alimony eliminated — Long-term military marriages (20+ years) no longer result in permanent alimony. Durational alimony is the maximum, capped at the length of the marriage.
- 35% income difference cap — Durational alimony generally cannot exceed 35% of the difference between the parties’ net incomes. BAH and BAS are included in this calculation.
- Adultery is now a factor — The 2023 reform made adultery a relevant factor in alimony determinations, which can arise in military divorces involving deployment separations.
- Marriage length categories changed — Short-term (under 10 years), moderate (10–20 years), long-term (20+ years). These thresholds affect the duration and amount of alimony available.
For military families with long service records, the interaction between alimony reform and pension division creates complex financial planning issues. A portion of retirement may go to the former spouse under USFSPA, while alimony provides additional support — but the two must be coordinated to avoid double-dipping.
VA Disability Pay and Divorce
VA disability compensation is not divisible in divorce. This is a critical distinction that many attorneys get wrong.
- VA disability pay is the veteran’s separate property — Federal law (38 U.S.C. § 5301) exempts it from division
- But it counts as income — Florida courts can consider VA disability when calculating child support and alimony
- Retirement waiver trap — When a veteran waives retired pay to receive VA disability (dollar-for-dollar offset), the former spouse’s share of retirement shrinks. Some service members do this deliberately to reduce their ex-spouse’s share.
- CRSC is also protected — Combat-Related Special Compensation cannot be divided or garnished
This area requires an attorney who understands both the federal protections and the strategies that opposing parties use to manipulate the retirement/disability balance.
7 Mistakes That Cost Military Families in Divorce
- Not invoking SCRA when eligible — Active-duty members who do not request a stay may face default judgments or unfavorable rulings entered without their input.
- Accepting a pension division order without DFAS review — If the order does not meet DFAS formatting requirements, it will be rejected. Your attorney should draft the order to DFAS specifications from the start.
- Ignoring the 20/20/20 threshold — If you are close to 20 years of overlap between marriage and service, timing the divorce filing can mean the difference between lifetime TRICARE and no coverage.
- Failing to account for the Survivor Benefit Plan (SBP) — SBP provides a survivor annuity if the retiree dies. Former spouses can be designated as SBP beneficiaries, but this must be addressed in the divorce decree and filed with DFAS within one year.
- Undervaluing BAH and BAS in support calculations — These tax-free allowances represent thousands per month in real income. Excluding them understates the service member’s actual compensation.
- Not addressing the Thrift Savings Plan (TSP) — TSP is a separate retirement account from military pension. It requires its own court order (Retirement Benefits Court Order) for division.
- Using a civilian divorce attorney — Military divorce requires knowledge of SCRA, USFSPA, DFAS procedures, benefit eligibility rules, and military pay structures. A general family law attorney may not know these federal laws.
Why Choose Adam Sacks for Military Divorce
I have been handling military divorce cases in Jacksonville for over 25 years — long enough to know that the federal laws governing military divorce change how everything works, from filing to final judgment.
Jacksonville is a military town. A significant percentage of the families I represent have a connection to NAS Jacksonville, NS Mayport, or one of the other installations in the area. I understand the realities of military life — the deployments, the PCS moves, the uncertainty — and I build legal strategies around those realities rather than ignoring them.
As a former Assistant State Attorney, I spent years in the courtroom before transitioning to family law. That trial experience means I can negotiate effectively when the other side is reasonable and litigate aggressively when they are not. As a Florida Supreme Court Certified Family Mediator, I also know how to resolve military divorce through mediation when it makes sense — saving time and money while still protecting your interests.
My psychology degree from the University of Massachusetts gives me an understanding of the emotional dynamics in military divorce that most attorneys do not have. Deployment stress, reintegration challenges, and the unique pressures of military life all affect how families navigate divorce. I factor those realities into every case.
Adam Sacks earned his J.D. from Western Michigan University Cooley Law School, where he received a Book Award for top academic performance. He served as an Assistant State Attorney in Seminole County before transitioning to private family law practice. He is a Florida Supreme Court Certified Family Mediator and a member of the Florida Bar (Bar #248370) since 2000. At Sacks & Sacks, Adam and his wife Melanie — one of Jacksonville’s most experienced bankruptcy attorneys — provide personal, family-run legal representation.
What Happens When You Call Sacks & Sacks
When you call our office, here is exactly what happens:
- You talk to me — not a paralegal, not an intake coordinator. I answer your questions directly during a free consultation.
- I assess your military situation — I will ask about your branch, rank, years of service, deployment status, and where you are stationed. These details determine which federal laws apply and how they interact with Florida law.
- We identify your priorities — Pension division, custody, benefits retention, or all of the above. I will give you an honest assessment of what to expect.
- I build a strategy — Every military divorce is different. I develop a plan that accounts for SCRA timelines, USFSPA requirements, benefit eligibility thresholds, and Florida family law.
- I fight for your interests — Whether through negotiation, mediation, or trial, I protect your rights at every stage.
Military divorce requires a military divorce attorney. Call me at (904) 396-5557 — free consultation, no obligation.
What Our Clients Say
“I was going through a difficult divorce and custody situation. Adam was honest with me about what to expect, prepared me for mediation, and fought for the best outcome. He genuinely cares about his clients and their families.”
— Hackie G., Google Review
“I went to Adam for a custody case. He treated me like a person and genuinely fought for my child. His knowledge of family law and mediation was exactly what I needed.”
— Robert, Avvo Review
“Adam helped me through a very stressful divorce. He was always available when I had questions, and he got things resolved faster than I expected. Highly recommend.”
— Linda J., Google Review
Frequently Asked Questions About Military Divorce in Jacksonville
Can I file for divorce in Florida if I am stationed here but my legal residence is another state?
Yes. Florida requires that at least one spouse has been a resident for six months before filing (F.S. § 61.021).[4] Being stationed in Florida for six months or more satisfies this requirement, even if your Home of Record is a different state. Your spouse can also file in Florida if they have been living here for six months, regardless of where you are stationed.
How is military retirement pay divided in a Florida divorce?
Under the USFSPA (10 U.S.C. § 1408), Florida courts can divide military retirement as marital property.[3] The court typically awards the former spouse a percentage based on the marital share — the ratio of years of marriage overlapping with military service to total creditable service. The maximum DFAS will pay directly is 50% of disposable retired pay. If the 10/10 rule is met, DFAS pays the former spouse directly; otherwise, the service member must make payments.
What happens to TRICARE benefits after a military divorce?
It depends on the 20/20/20 and 20/20/15 rules. If the marriage lasted 20+ years, military service lasted 20+ years, and they overlapped for 20+ years, the former spouse keeps full TRICARE coverage for life. With 15–20 years of overlap, TRICARE continues for one year post-divorce. Below 15 years of overlap, the former spouse loses TRICARE eligibility and must find alternative healthcare.
Can my spouse take my VA disability pay in a divorce?
No. VA disability compensation is federally protected and cannot be divided as marital property. However, Florida courts can consider VA disability as income when calculating child support and alimony. Be aware of the retirement waiver trap — if you waive retired pay to receive VA disability, it can reduce the amount your former spouse receives from your pension under USFSPA.
How does deployment affect child custody in Florida?
In my experience, the biggest concern for deployed parents is losing custody while they are overseas. Florida law (F.S. § 61.13002) specifically addresses this — a court can make temporary custody modifications during deployment, but these changes automatically revert when the service member returns. No court can permanently change custody based solely on deployment. I help my clients set up temporary custody plans before deployment so their rights are protected.
What is the difference between the 10/10 rule and the 20/20/20 rule?
The 10/10 rule determines whether a former spouse receives their share of military retirement directly from DFAS — it requires 10 years of marriage, 10 years of service, and 10 years of overlap. The 20/20/20 rule determines whether a former spouse keeps military benefits (TRICARE, commissary, exchange) after divorce — it requires 20 years of marriage, 20 years of service, and 20 years of overlap. They serve completely different purposes.
How long does a military divorce take in Jacksonville?
If both parties agree and no SCRA delays are involved, a military divorce can be finalized in 4–8 weeks (the same as any uncontested Florida divorce, with the 20-day minimum waiting period). If the service member invokes SCRA, add at least 90 days. Contested military divorces with pension division, custody disputes, and benefit issues typically take 6–18 months. The biggest factor is whether both parties can participate in proceedings without deployment interruptions.
Sources:
[1] City of Jacksonville, Jacksonville’s Military Presence. jacksonville.gov
[2] OneOp/DMDC, Divorce in the Ranks: Supporting Military Spouses Navigating Divorce (2025). oneop.org
[3] Defense Finance and Accounting Service, USFSPA FAQs. dfas.mil
[4] The Florida Legislature, F.S. § 61.021 — Residence Requirements for Dissolution. flsenate.gov
[5] U.S. Department of Justice, Servicemembers Civil Relief Act (SCRA). justice.gov
[6] NAS Jacksonville Naval Housing, 2026 BAH Rates. jacksonvillenavalhousing.com
[7] The Florida Legislature, Ch. 2023-301, Laws of Florida (SB 1416). laws.flrules.org
