Military Divorce Attorney in St. Petersburg, FL

SCRA Protections for Active-Duty Service Members

The Servicemembers Civil Relief Act (SCRA) is a separate federal statute that protects active-duty service members throughout civil litigation, including divorce proceedings. Under the SCRA, a service member whose military duties materially affect their ability to appear in court can request a stay, pausing the divorce case until their obligations permit participation. That protection exists to prevent default judgments against service members who are deployed and unable to respond.

The SCRA also establishes specific procedures for serving divorce papers on an active-duty service member. Failure to follow those procedures can give the service member grounds for legal remedies, including vacating judgments. The law additionally caps interest rates on certain pre-service debts, a provision that can affect how marital debt is analyzed and divided. Our attorneys know how the SCRA applies to military divorce proceedings in Florida and how to plan around its requirements for both service members and spouses.

Residency Requirements for Military Divorce in Florida

Florida Statute 61.021 requires at least one spouse to have resided in Florida for six months before filing for divorce. That rule applies to military divorces as well, but the analysis is more nuanced for service members. A service member or spouse who was stationed in Florida, declared Florida as their state of legal domicile, or lived here before deployment and intends to return may satisfy the residency requirement even without six consecutive months of physical presence.

The filing state matters beyond procedure. The jurisdiction where a divorce is filed can affect how military retirement pay is characterized, how property is divided, and how spousal support is calculated. Getting that decision right early is one of the more consequential choices in a military divorce. We can advise you on which residency rules and exceptions apply to your situation before any filing is made.

Benefits, Custody, & Property: What Military Divorce Resolves

Military divorce requires resolving the same issues as any Florida divorce, with additional federal and regulatory layers on top of each one. The following are among the most significant issues we handle for St. Petersburg military families.

Timesharing & Deployment Provisions
Florida courts determine timesharing based on the best interests of the child, weighing each parent’s ability to provide stability and the effect of military-related relocations. Parenting plans for military families should include provisions for temporary custody delegation during deployment and structured electronic communication schedules to maintain the parent-child relationship while a service member is away.

Relocation & Military Orders
Florida’s parental relocation statute (Fla. Stat. 61.13001) requires court approval or written consent from the other parent when a parent intends to move with a child more than 50 miles from the child’s principal residence for 60 or more consecutive days. Military orders don’t automatically satisfy that requirement, making it important to address relocation provisions in the original decree.

Child Support & Military Allowances
Florida child support follows state guidelines, but Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) may be factored into the service member’s gross income for calculation purposes. VA disability compensation is governed by federal law and isn’t divisible as marital property, though Florida courts may consider it as income when calculating alimony or child support.

TRICARE Eligibility After Divorce
Federal rules determine whether a former spouse retains TRICARE health coverage after divorce. Under the 20/20/20 rule, a former spouse may be eligible for continued coverage when the marriage lasted at least 20 years, the service member completed at least 20 years of creditable service, and there was at least 20 years of overlap between the two. The 20/20/15 rule provides one year of transitional coverage when the marriage and service each reached 20 years, but the overlap was at least 15. These are federal benefit eligibility rules that apply regardless of where the divorce is filed.

Survivor Benefit Plan Elections
A Survivor Benefit Plan (SBP) election determines whether a former spouse continues to receive a portion of the military pension if the service member dies first. SBP elections must be addressed in the divorce decree. Failing to include the required language can permanently eliminate that benefit.

Property Division Under Florida Equitable Distribution
Florida divides marital property equitably, not necessarily equally. Military-specific assets, including retirement pay, deferred compensation, and benefit entitlements, require careful classification and valuation to ensure the division reflects what was actually earned during the marriage.