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Military Divorce Helping People Move Forward with Their Life

Comprehensive Guide to Military Divorce in Florida

Understanding Military Divorce Proceedings in Florida

Divorce is always a complex process, but military divorces present unique challenges that civilian divorces do not. Jurisdictional issues, military benefits, time-sharing arrangements, and federal regulations all factor into military divorces in ways that can make them more complicated to navigate.

At The Virga Law Firm, P.A., we understand the distinct legal concerns that service members and military spouses face during divorce. Our Florida military divorce attorneys have extensive experience guiding clients through the division of military pensions, child custody for service members, healthcare benefits, and other service-related divorce issues.

If you or your spouse is a current or former service member, securing experienced legal counsel is crucial to protecting your rights during divorce. We serve Orlando, Pensacola, Navarre, Panama City, Fort Walton Beach, and beyond. Call (800) 822-5170 or contact us online for a consultation.

Jurisdictional Issues in Military Divorce

Military life often means frequent relocations, making jurisdiction a key issue in divorce cases. The ability to file for divorce depends on where either spouse is legally domiciled.

Under Florida law, to file for divorce:

  • At least one spouse must have been a Florida resident for at least six months.
  • Military service members stationed in Florida can file for divorce even if they maintain legal residency in another state.
  • Service members who list Florida as their official state of residence (regardless of where they are deployed) may also file for divorce in Florida.

The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from being divorced by default while deployed. This means a divorce case may be postponed if the service member cannot attend hearings due to military duties.

Navigating these jurisdictional issues requires careful legal strategy. Our military divorce lawyers can help determine the best place to file and ensure compliance with Florida and federal laws.

Division of Military Retirement Benefits

One of the most significant financial aspects of military divorce is dividing military pensions and retirement benefits.

The Uniformed Services Former Spouses' Protection Act (USFSPA) allows states to treat military retirement pay as marital property and divide it between spouses. However, the division of military retirement depends on several factors, including the length of the marriage and service overlap.

The 10/10 Rule Explained

A common misconception about military divorce is that a spouse must have been married for at least 10 years to receive a portion of the military retirement. This is not true—a court can award a share of military retirement regardless of marriage length. However, the 10/10 Rule determines how the payments are made.

  • If the marriage lasted at least 10 years with at least 10 years of military service overlapping, the Defense Finance and Accounting Service (DFAS) can send retirement pay directly to the former spouse.
  • If the marriage does not meet the 10-year requirement, the service member receives the full pension and is responsible for paying the ex-spouse directly if awarded a portion by the court.

Even if the 10/10 Rule does not apply, courts can still divide military retirement benefits—they just will not be paid directly through DFAS.

The 20/20/20 and 20/20/15 Rules for Former Military Spouse Benefits

Military spouses who meet certain time requirements may retain healthcare and other benefits after divorce:

  • 20/20/20 Rule – If the marriage lasted 20 years, the service member has 20 years of service, and there was at least 20 years of overlap between marriage and military service, the former spouse retains full military benefits, including TRICARE, commissary, and exchange privileges.
  • 20/20/15 Rule – If the marriage lasted 20 years, the service member has 20 years of service, but the marriage and service overlapped for only 15 years, the former spouse qualifies for TRICARE coverage for one year but loses other military benefits after divorce.
  • 10/20/10 Rule – If the marriage lasted at least 10 years, the service member has 20 years of service, and there was 10 years of overlap, the former spouse may retain benefits only if the service member was discharged due to dependent abuse.

Understanding these rules is critical for spouses concerned about losing military benefits post-divorce. If you do not qualify for continued TRICARE, you may be eligible for the Continued Health Care Benefit Program (CHCBP), which offers coverage similar to private insurance.

Child Custody and Time-Sharing for Military Parents

Military parents often face complicated time-sharing and child custody issues, especially when dealing with deployments, frequent relocations, and training schedules.

Florida courts prioritize the best interests of the child when determining custody, considering:

  • The service member’s deployment schedule and ability to co-parent.
  • The non-military parent’s stability and role in the child’s life.
  • How relocation orders may affect the child’s education and well-being.
  • The service member’s ability to maintain communication with the child during deployments.

Military parents should plan for custody disputes by including a family care plan or creating a parenting plan that addresses:

  • Who will care for the child during deployments.
  • How time-sharing will resume when the service member returns.
  • How both parents will facilitate communication with the child.

Florida law also prohibits courts from using a parent’s military service against them in custody determinations. If you are a military parent concerned about child custody, our attorneys can help protect your rights and relationship with your child.

Spousal Support and Military Divorce

Florida courts may award alimony based on factors such as:

  • The length of the marriage.
  • The financial disparity between spouses.
  • The standard of living during the marriage.
  • The spouse’s ability to earn income after divorce.

Military divorces follow the same Florida alimony laws as civilian divorces, but additional military benefits—such as housing allowances and cost-of-living adjustments (COLA)—may be factored into alimony and child support calculations.

Additionally, the Servicemembers Civil Relief Act (SCRA) may pause or delay support enforcement during active-duty deployments. Our military divorce attorneys can help ensure fair spousal support agreements while protecting your financial future.

Speak With a Florida Military Divorce Lawyer Today

Military divorce involves complex jurisdictional issues, division of military benefits, child custody concerns, and unique legal protections. Whether you are a service member or a military spouse, working with an experienced attorney is critical to securing your rights.

At The Virga Law Firm, P.A., we have helped countless military families navigate divorce, retirement division, custody disputes, and benefit retention. Our team is committed to protecting your rights while ensuring your divorce is handled efficiently and fairly.

We serve clients across Orlando, Pensacola, Navarre, Panama City, Fort Walton Beach, and beyond. Call (800) 822-5170 or contact us online to schedule a confidential consultation.

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    Job Title: Family Law Associate Attorney Position

    The Virga Law Firm - Panama City Beach, FL

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    We're not looking for just any lawyer – we're searching for an attorney committed to compassionate and excellent representation. If you're ready to make the practice of law both meaningful and rewarding, this opportunity could be what you've been waiting for. Join a firm where you're appreciated and part of a team dedicated to excellence.

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    The Virga Law Firm is a dynamic, high-growth family law firm dedicated to providing excellent legal representation and superb client care. Founded by Gerard Virga, who brings over twenty years of legal experience to the practice, our firm has established itself as a leader in family law throughout Florida. Our attorneys hold prestigious positions on various committees for the Family Law Section of the Florida Bar, demonstrating our commitment to shaping and advancing family law practice in our state.

    Our core belief is "Caring is Contagious." We understand that nothing is more important than family – it's the bedrock of our civilization and closest to people's hearts. When clients entrust us with their family law issues, we recognize it as the highest honor and responsibility.

    Each family is unique and requires specialized attention during the most emotionally trying times in their lives. Our mission is to protect our clients and their families, providing them with a strong new start to their lives. We achieve this by helping one family at a time through our multiple office locations throughout Florida.

    Who You Are

    The ideal candidate:

    • Is obsessed with achieving results for clients
    • Has a passion for family law
    • Excels at identifying crucial case details
    • Loves litigation and is comfortable in the courtroom
    • Takes pride in developing litigation strategies
    • Has strong negotiation skills with a compassionate approach
    • Thrives in fast-paced environments
    • Is committed to helping others and leading by example

    Minimum Qualifications

    • An active member in good standing with the Florida Bar
    • Demonstrated experience in family law
    • Proven history of passionate representation and client service
    • Excellent verbal and written communication skills
    • Proficiency in Microsoft Office (Clio knowledge is a plus)
    • Advanced knowledge in litigation and client relations
    • Mastery of Zoom video conferencing for court presentations
    • Ability to work independently and produce superior work product

    Key Responsibilities

    • Provide comprehensive legal advice and analysis to clients
    • Manage complex high-asset divorce cases
    • Handle parental responsibility and timesharing cases
    • Navigate cases involving domestic violence, substance abuse, and mental health issues
    • Represent clients in court proceedings and mediations
    • Draft legal pleadings, motions, and orders
    • Lead team members including Paralegals and professional staff
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    • Dental and vision insurance options with family coverage
    • Progressive Paid Time Off:
      • One week per six months
      • Up to 80 additional hours accruing each pay period
      • Paid holidays and one flex holiday
    • Parental and bereavement leave
    • Paid continuing legal education, bar dues, and certification dues
    • Professional development opportunities
    • Supportive team environment

    Why Choose The Virga Law Firm

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    Application Process

    Interested candidates should submit:

    • Current resume
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    How to Apply

    1. Call our career hotline at 850-565-3426
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    Additional Information

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