Military divorce is more complicated than civilian divorce. Mistakes about military retirement, TRICARE health insurance, and the Survivor Benefit Plan can cost you thousands of dollars and leave you without health coverage after the divorce is final. At Segarra & Associates, P.A., our Miami attorneys understand federal military law and Florida family law. We will explain your rights, protect your benefits, and help you understand what you are entitled to in your military divorce.
Book a Confidential Consultation with Segarra & Associates, P.A. Call (305) 742-5042.
Protecting Those Who Serve and Their Families
Military families make sacrifices most civilians never have to think about: deployments, transfers, months away from children, missed birthdays and holidays, careers interrupted by another PCS move, spouses holding everything together at home while the service member is somewhere else in the country or somewhere else in the world. And when a military marriage ends, those realities do not suddenly disappear. They become part of the divorce.
At Segarra & Associates, P.A., we have handled military divorce cases for service members, veterans, and military spouses navigating Florida family law issues tied to federal military statutes. We approach those cases with something else as well: Gratitude and respect.
Manny Segarra's family has a history of military service. That personal connection means we understand the sacrifices military families make and approach every case with genuine respect for your service.
So when we say thank you for your service, we mean it. And if your marriage is ending, we are here to help you figure out what comes next.
Military Divorce Requires Different Rules for Pensions, Benefits, and Health Care
A Florida military divorce is still governed in large part by Florida family law. That means we are dealing with many of the same issues that arise in other divorces:
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Equitable distribution
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Alimony
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Parental responsibility
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Time-sharing
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Child support
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Property and debt
But military service adds another layer.
Federal law may affect military retired pay. Deployment can affect litigation and parenting schedules. TRICARE eligibility may change after divorce. Survivor Benefit Plan coverage can become extremely important. Basic Allowance for Housing and other forms of military compensation may need to be analyzed. A Thrift Savings Plan may need to be divided.
Even figuring out where the divorce should be filed can be more complicated when a servicemember is stationed in one state, claims legal residence in another, and the spouse or children live somewhere else.
This is why military divorce should not be treated as an ordinary divorce with a couple of military acronyms added to the paperwork. The details matter.
We Represent Both Servicemembers and Military Spouses
This is important. We do not approach these cases assuming that the servicemember is automatically right. We also do not approach them assuming that the military spouse is automatically entitled to everything being requested. We have represented people on both sides.
A service member may be concerned about protecting retirement benefits earned outside the marriage, maintaining a meaningful relationship with children despite deployments or transfers, or making sure military pay and allowances are accurately understood.
A military spouse may have spent years moving from one duty station to another, putting a career on hold, raising children through deployments, and supporting the service member's career while retirement benefits were being accumulated.
Both sides may have made very real sacrifices. Our job is to understand the history of the family, determine what Florida and federal law actually provide, and develop a strategy based on the facts, not assumptions about who deserves what simply because one person wore the uniform.
The 10/10 Rule: One of the Biggest Myths in Military Divorce
We hear versions of this regularly: “We weren't married for ten years, so my spouse can't touch my military retirement.”
Not necessarily. The 10/10 rule is primarily a direct-payment rule. It is not a universal entitlement rule.
Under the Uniformed Services Former Spouses' Protection Act, commonly called the USFSPA, state courts may treat qualifying disposable military retired pay as property that can be divided under state law.
The 10/10 rule generally determines whether a former spouse can receive a court-awarded share of military retired pay directly through the Defense Finance and Accounting Service (DFAS).
Generally, that requires at least 10 years of marriage overlapping with at least 10 years of creditable military service. But if the marriage lasted nine years instead of ten, that does not automatically mean the military retirement is untouchable. That distinction can make a very big difference in both litigation and settlement negotiations.
Military Retirement Is Not Just Another Pension
Military retired pay deserves careful treatment. A lawyer handling one of these cases should understand the USFSPA, the concept of disposable retired pay, applicable federal limitations, and the requirements for creating an order that DFAS can actually administer.
The calculation can also become complicated when the service member has not yet retired. This is not an area where we want to settle a case by writing: “Wife gets half the pension.”
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Half of what?
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Calculated when?
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Based upon what rank?
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What portion was earned during the marriage?
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How will DFAS interpret the order?
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What happens if the service member continues serving for another ten years?
Those questions need to be addressed before the Final Judgment is entered, not when somebody tries to collect retirement benefits years later. A few careless sentences in a settlement agreement can create a very expensive problem down the road.
Do Not Forget the Survivor Benefit Plan
Military retirement raises another important question: What happens if the service member dies first?
Military retired pay generally does not simply continue indefinitely after the retiree's death. That is why the Survivor Benefit Plan, or SBP, can become an important part of settlement negotiations. Former-spouse coverage may provide continuing benefits after the service member's death, but it needs to be addressed correctly. Additionally, deadlines can matter. If former-spouse coverage is supposed to be part of the divorce settlement, it should not be treated as an afterthought.
A divorce involving military retirement is not fully analyzed simply because everyone agreed upon a percentage of the monthly pension. We also need to ask:
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What happens to that income stream if the service member dies?
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What happens to TRICARE after divorce?
For many military spouses, especially older spouses who may have spent decades in a military marriage, health insurance can be one of the biggest concerns in the entire divorce. This is where you may hear terms like 20/20/20 and 20/20/15.
Under the 20/20/20 rule, a qualifying former spouse may retain certain military benefits when the marriage, the service member's creditable service, and the overlap between the two each satisfy the applicable 20-year requirements.
The 20/20/15 rule may provide more limited transitional health coverage when there are at least 20 years of marriage, 20 years of creditable service, and at least 15 years of overlap.
And this is one of those areas where the actual dates matter a lot. Do not assume you qualify (or do not qualify) because somebody at the kitchen table did the math from memory. Get the marriage dates, get the service dates, calculate the overlap, then figure out what the law actually provides. Sometimes a matter of months can have substantial consequences.
Deployment Does Not Mean You Lose Your Rights in Court
Consider the service member who is deployed overseas and suddenly receives notice that a Florida divorce case is moving forward. Federal law recognizes the obvious problem: You should not lose important legal rights simply because your military duties make it materially difficult or impossible to participate in a civil court proceeding.
The Servicemembers Civil Relief Act, or SCRA, provides procedural protections that may include a stay of proceedings under appropriate circumstances. But the SCRA is not a magic incantation. It does not mean: “I'm active duty, therefore the divorce stops.”
The particular facts matter. The nature of the military duties matters. The servicemember's actual ability to participate matters. And the statutory requirements for requesting relief matter. The purpose is fairness, not delay for the sake of delay.
Military Parenting Plans Need to Be Built for Military Life
This is one of the areas where military divorce becomes very real very quickly.
A parenting plan may look perfectly workable today, then deployment orders arrive. Or PCS orders. Or extended training. Now what?
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What happens to time-sharing while the parent is deployed?
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How will the child maintain regular communication with that parent?
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What happens when the parent returns?
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How do holidays work?
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Who handles transportation?
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What happens if the service member is transferred across the country?
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How does the parenting plan account for training schedules that are not always predictable?
These are not theoretical questions. For a military parent, they are part of life.
A service member should not have to choose between serving the country and maintaining a meaningful relationship with his or her child. At the same time, children need stability. The best parenting plans try to recognize both realities and anticipate foreseeable problems before the next set of orders turns them into an emergency.
Military Pay Is More Than the Number on the First Line
Military compensation can also complicate child support and alimony issues. Basic pay may be only one component.
Depending upon the service member and assignment, compensation may include items such as:
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Basic Allowance for Housing
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Basic Allowance for Subsistence
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Special pay
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Incentive pay
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Bonuses
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Other allowances or benefits
That does not mean every item is automatically treated the same way for every family law purpose. It means the lawyer needs to understand what the service member is actually receiving and why. A Leave and Earnings Statement can look like alphabet soup to someone who does not regularly deal with military compensation. Before arguing about income, we want to understand it.
Do Not Confuse the TSP With Military Retirement
A service member may also have a Thrift Savings Plan, or TSP. That is separate from military retired pay. The TSP operates more like a civilian defined-contribution retirement account. The analysis therefore involves different rules and different documentation.
We first need to determine what exists, what portion may be marital under Florida law, and how any division will actually be accomplished. Again: The order needs to do what everyone thinks the settlement says it will do. That sounds obvious. It is amazing how often problems arise because it does not.
How to Spot Military Divorce Issues Other Lawyers Miss
One of the biggest mistakes in any complicated divorce is looking at every issue in isolation.
Military retirement affects settlement.
SBP affects military retirement.
TRICARE may affect settlement.
Deployment may affect litigation scheduling.
Military compensation may affect support.
PCS orders may affect parenting.
Parenting schedules may affect school placement and relocation.
Everything connects. That is why we try to understand the entire case before deciding where the battle actually needs to be fought.
Sometimes litigation is necessary.
Sometimes mediation makes more sense.
Sometimes the most valuable thing a lawyer can do is identify one military-specific issue that everybody else overlooked and use it to structure a better settlement.
There is no prize for fighting about everything. There is enormous value in knowing what actually matters. And preparation gives you options.
Frequently Asked Questions About Military Divorce in Florida
Does my spouse automatically get half of my military retirement?
No, there is no federal rule automatically giving a former spouse 50% of a service member's military retirement simply because the parties divorce. The USFSPA permits state courts to treat qualifying disposable military retired pay as property subject to division under state law.
In Florida, the result will depend upon equitable distribution principles, the dates of the marriage and military service, and the specific circumstances of the case.
If we were married less than 10 years, can my spouse still receive part of my military retirement?
Potentially, yes. The 10/10 rule is widely misunderstood. It generally concerns whether DFAS may make direct payment of a court-awarded property share to the former spouse. It does not mean military retirement automatically becomes immune from division when the marriage has lasted less than ten years.
Can my divorce continue while I am deployed?
Your divorce can possibly continue while you are deployed. The SCRA provides important protections when a service member's military duties materially affect the ability to participate in civil litigation.
Depending upon the circumstances, a stay may be available. However, deployment or active-duty status does not automatically stop every case.
If you receive divorce papers while deployed, do not ignore them. Get legal advice as soon as reasonably possible.
Will my former spouse keep TRICARE after the divorce?
It depends. Eligibility for continued TRICARE benefits can depend heavily upon the length of the marriage, years of creditable military service, and how much of those periods overlapped.
The 20/20/20 and 20/20/15 rules are particularly important. This is an area where we want to calculate the actual dates before the divorce is finalized rather than make assumptions.
What happens to my share of military retirement if the service member dies?
Military retired pay generally ends when the retiree dies. That is why the Survivor Benefit Plan can become an important consideration in a military divorce. If former-spouse SBP coverage is part of the settlement or court order, the appropriate election procedures and deadlines need to be addressed carefully.
Can deployment or PCS orders affect time-sharing with my children?
Absolutely. Deployments, transfers, training assignments, and long-distance parenting can all affect how a parenting plan works. A thoughtful military parenting plan should anticipate those possibilities whenever reasonably possible and address communication, transportation, holidays, extended absences, and what happens when the service member returns.
Where should I file for divorce if I am stationed in Florida but legally reside somewhere else?
This can be more complicated than it appears.
A military family may have connections to several states at once:
The state where the service member is stationed.
The service member's legal domicile.
The state where the spouse resides.
The state where the children have been living.
Different jurisdictional rules may also govern the divorce itself, parenting issues, and military retired pay. Before filing simply because you happen to be stationed in Florida, it is worth determining whether Florida has jurisdiction and whether Florida is the appropriate forum for your particular case.
Respectful Representation That You Deserve
Military divorce involves federal statutes, Florida law, regulations, formulas, acronyms, and technical rules. But we never want to lose sight of the people behind them. A service member may have spent decades serving the country. A spouse may have spent decades serving that service member and keeping the family together through deployments and transfers. Children may have grown up saying goodbye to Mom or Dad over and over again. Those sacrifices deserve to be recognized.
We will take the time to understand the details, explain the law in plain English, prepare the case properly, and develop a strategy designed around what actually matters to you and your family. You took care of our country. If you are facing a Florida divorce, let us help take care of you through what comes next.
Call Segarra & Associates, P.A. at (305) 742-5042 to schedule a consultation.
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Segarra & Associates, P.A. practices law exclusively within the State of Florida. Representation in other jurisdictions may involve association with local counsel.
