Preparing for a military divorce in Florida involves understanding both state laws and specific military regulations that may impact the process. Here’s a step-by-step guide to help you get started:
1. Understand Jurisdiction
- Residency Requirements: One spouse must meet Florida’s residency requirements to file for divorce in the state (at least 6 months of residency).
- Military Exceptions: Active-duty service members stationed in Florida can file there even if they are not official residents.
2. Comply with the Servicemembers Civil Relief Act (SCRA)
The SCRA offers protections to active-duty military members, such as delaying divorce proceedings while the service member is on active duty. This means a spouse may request a stay in proceedings to avoid default judgments while they are deployed or serving abroad.
3. Determine Asset Division
- Military Pensions: The division of military pensions in divorce is subject to the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to divide military retirement pay.
- Florida Law: Florida is an equitable distribution state, meaning marital assets, including military pensions, are divided fairly, though not necessarily equally.
4. Handle Child Custody and Support
- Custody: Courts will consider the best interest of the child, factoring in deployments and frequent relocations when determining custody arrangements.
- Support: Both child support and spousal support are typically calculated using Florida’s standard formulas, but military allowances like BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence) may be included in income calculations.
5. Consider Healthcare and Benefits
- TRICARE: Former spouses may be eligible for continued healthcare coverage under TRICARE if the marriage lasted for at least 20 years, and the service member has 20 years of service, among other conditions (the “20/20/20 rule”).
- Survivor Benefits Plan (SBP): Make decisions about the Survivor Benefits Plan, which may provide ongoing benefits to a former spouse if the service member passes away.
6. Address Housing and Relocation
- If you’re living in military housing, the non-service spouse may be required to vacate the premises upon finalization of the divorce.
- Consider potential relocation plans, especially if the service member is stationed out of state or abroad.
7. Seek Legal Assistance
- Military Legal Assistance: While military legal offices can offer general advice, they cannot represent you in court. However, they can provide forms and guidance.
- Civilian Attorney: Hire an attorney experienced in both Florida divorce law and military regulations. This is critical, especially when navigating complexities like dividing military pensions and benefits.
8. Prepare Financially
- Gather important financial documents, including pay stubs (with allowances like BAH/BAS), tax returns, bank statements, and any retirement/pension details.
- Assess your current financial situation and plan for future support needs (spousal support, child support, etc.).
9. Prepare for Deployment Issues
- Temporary Custody Orders: Be ready to address custody issues during deployment and create a parenting plan that takes into account long absences or sudden relocations.
By staying organized and understanding both Florida and military regulations, you can better prepare for the complexities of a military divorce.
This article is intended to provide general guidance. For specific guidance regarding military divorce, we recommend consulting with Attorney O’ Connor.
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Attorney O’Connor is experienced with Florida military divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
