Serving Active-Duty Service Members, Military Spouses, and Veterans Across the Emerald Coast and Northwest Florida
Divorce is hard enough without worrying about how a deployment, a PCS order to another state, or the Servicemembers Civil Relief Act will affect your case timeline. For military families stationed at Eglin Air Force Base, Hurlburt Field, NAS Pensacola, or Corry Station, the dissolution process involves federal law that most civilian attorneys rarely encounter. Military retirement division, TRICARE eligibility, the Survivor Benefit Plan, and custody across duty stations all demand an attorney who understands both Florida family law and the federal statutes governing service members’ rights.
Attorney James M. Burns has represented military families throughout Northwest Florida for more than 25 years. Licensed in both Florida and Alabama and admitted to federal courts in both states, he handles military divorces for clients in Pensacola, Fort Walton Beach, Mary Esther, Shalimar, Navarre, and the surrounding Gulf Coast communities. As a sole practitioner, he works directly with every client from the initial consultation through the final judgment—no hand-offs to associates or paralegals.
Why Is a Military Divorce Different from a Civilian Divorce in Florida?
A military divorce in Florida follows the same state dissolution laws as any other divorce, but it also involves federal statutes like the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA). These federal laws affect how retirement pay is divided, when proceedings can move forward, how child support is calculated using military pay components, and whether a former spouse retains TRICARE health coverage.
Florida is a no-fault state. Either spouse can file for dissolution by stating the marriage is irretrievably broken. That part is the same whether you fly F-35s out of Eglin or work at a bank in downtown Pensacola. The differences show up in the details.
The SCRA allows a deployed service member to request a stay of proceedings—meaning the divorce may be paused while the military spouse is overseas or unable to participate. Jurisdiction is another wrinkle. A service member stationed at Hurlburt Field in Mary Esther may be a legal resident of Texas, while their spouse lives in Shalimar. Determining which state has jurisdiction—and which state’s laws govern property division—requires careful analysis at the outset.
Florida courts in Okaloosa County and Escambia County handle a high volume of military divorces because of the concentration of installations along the Gulf Coast. The judges are accustomed to the federal overlay, but service members and spouses still need an attorney who can connect those federal rules to their specific financial and custody situation.
How Is Military Retirement Pay Divided in a Florida Divorce?
Under the Uniformed Services Former Spouses’ Protection Act, Florida courts can treat military retired pay as marital property subject to equitable distribution. The marital portion is typically calculated using a coverture fraction that reflects the overlap between the marriage and creditable military service. The 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) will make direct payments to the former spouse.
Military retirement is often the most valuable asset in a service member’s marital estate—worth hundreds of thousands of dollars over a lifetime. Getting the division right in the final judgment is not optional. A drafting error in the military pension division order can cost the former spouse their share or leave the service member paying more than the court intended.
The 10/10 Rule and Direct Payment from DFAS
One of the most misunderstood aspects of military divorce is the 10/10 rule. Many people believe it means a former spouse is only entitled to a share of military retirement if the marriage lasted at least ten years overlapping ten years of military service. That is not accurate. The 10/10 rule is a payment rule, not a division rule.
Florida courts can award a former spouse a portion of military retired pay even if the marriage lasted only five years—but DFAS will only send direct payments to the former spouse if the 10/10 overlap is met. When the overlap falls short, the service member becomes personally responsible for making the court-ordered payments.
What Happens to the Survivor Benefit Plan During Divorce?
The Survivor Benefit Plan (SBP) provides continued retirement income to a former spouse if the military retiree dies. Florida courts can order SBP coverage as part of the divorce decree, but the election must be submitted to DFAS within one year of the final judgment. Missing this deadline eliminates the former spouse’s right to SBP coverage permanently.
SBP is a life insurance–style benefit funded by a reduction in the retiree’s monthly retired pay. For a former spouse living in Fort Walton Beach or Pensacola on a fixed income, losing SBP coverage because of a missed filing deadline can be devastating. We make sure the divorce decree contains the proper SBP language and that the DFAS paperwork is submitted within the required timeframe.
Will a Former Military Spouse Keep TRICARE After Divorce?
A former military spouse may retain full TRICARE health benefits after divorce under the 20/20/20 rule if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service, and there was at least a 20-year overlap between the marriage and service. Former spouses who do not meet this threshold may qualify for transitional TRICARE coverage for up to one year after the divorce.
Health insurance is a major concern for military spouses who have relied on TRICARE throughout the marriage. A spouse meeting the 20/20/20 criteria keeps full TRICARE coverage—including access to military treatment facilities. Those who miss the threshold may be limited to one year of transitional coverage under the Continued Health Care Benefit Program (CHCBP), after which they must find civilian insurance.
This is one more reason timing matters in a military divorce. A premature filing could cause a spouse to fall just short of the 20/20/20 overlap, costing them lifetime TRICARE eligibility. We review the service member’s records carefully before recommending a filing date.
How Does Military Service Affect Child Custody in Florida?
Florida law prohibits courts from permanently modifying a custody arrangement solely because a parent is deployed. Under Florida Statute § 61.13002, a deployed service member may designate a family member to exercise their timesharing during deployment, and the original custody order is automatically reinstated when the service member returns. Frequent PCS moves and non-standard duty hours add complexity to parenting plan negotiations.
Custody disputes are among the most emotionally charged issues in any divorce. For military families, the challenge is compounded by the reality that one parent may be deployed on short notice or transferred to a base hundreds of miles away. A service member at Hurlburt Field who receives orders to Cannon AFB in New Mexico faces a very different custody dynamic than a civilian parent working nine-to-five in Shalimar.
Florida’s military family protection statute makes clear that deployment alone is not grounds for changing custody. We draft parenting plans that account for the realities of military life—including short-notice deployments, TDY travel, and PCS relocations—so both parents retain meaningful relationships with their children.
How Is Child Support Calculated Using Military Pay?
Florida courts calculate child support using both parents’ net income under the guidelines in Florida Statute § 61.30. For military parents, income includes base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), flight pay, hazardous duty pay, and other special compensation. BAH is counted as income even though it is not subject to federal income tax.
Many service members are surprised to learn that BAH—which can be substantial in the Fort Walton Beach and Pensacola housing markets—counts toward income for child support calculations. A service member receiving BAH at the Okaloosa County with-dependents rate may face a higher support obligation than expected. We walk clients through the calculation so there are no surprises when the numbers come back from the court.
Can the Thrift Savings Plan Be Divided in a Military Divorce?
Yes. The Thrift Savings Plan (TSP) is treated like a civilian 401(k) and is subject to equitable distribution in a Florida divorce. Dividing TSP funds requires a separate court order called a Retirement Benefits Court Order (RBCO), which must comply with the Federal Employees’ Retirement System Act and TSP regulations.
Unlike military retired pay, TSP funds can be divided as a lump sum or rolled into the receiving spouse’s own retirement account. The order must specify the dollar amount or percentage being awarded and must be approved by the TSP before funds are released. An improperly drafted RBCO will be rejected, delaying division for months.
How Much Does a Military Divorce Cost in Northwest Florida?
Military divorce costs in Northwest Florida depend on whether the case is contested or uncontested, the complexity of the military benefits involved, and whether the case goes to trial. Filing fees in Okaloosa County and Escambia County are approximately $408. Attorney’s fees are typically billed hourly with an initial retainer, and free initial consultations are commonly available.
An uncontested military divorce where both spouses agree on all issues costs far less than a contested case requiring forensic analysis of retirement benefits and a full trial. We provide a clear fee estimate during your initial consultation so you can plan accordingly.
Reach a Military Divorce Attorney Who Understands Service Life
The intersection of federal military law and Florida family law creates pitfalls that can cost you retirement income, health coverage, and time with your children for decades. Attorney James M. Burns has spent more than 25 years handling military divorces for families connected to NAS Pensacola, Corry Station, Eglin AFB, and Hurlburt Field. His dual licensure in Florida and Alabama means he can address cross-state issues for families with ties to both sides of the state line.
Contact The Law Office of James M. Burns today for a free initial consultation. We serve military families in Pensacola, Fort Walton Beach, Mary Esther, Shalimar, Navarre, Niceville, Valparaiso, Destin, Gulf Breeze, Milton, and throughout Escambia County, Okaloosa County, and Santa Rosa County.
Frequently Asked Questions About Military Divorce in Florida
Can I File for Divorce in Florida if My Military Spouse Is Stationed in Another State?
You may file in Florida if you have been a resident for at least six months before filing. Florida courts can exercise jurisdiction over the dissolution itself, but dividing military retirement pay requires that the court also have personal jurisdiction over the service member—typically through residency, domicile, or the member’s consent to jurisdiction.
Does the Servicemembers Civil Relief Act Prevent My Spouse from Getting Divorced?
No. The SCRA does not prevent a divorce from moving forward. It allows a deployed or active-duty service member to request a stay (postponement) of proceedings if military duties materially affect their ability to participate. The stay is not automatic—the court considers whether the service member’s rights are genuinely impacted before granting a delay.
What Is the Maximum Amount of Military Retired Pay a Former Spouse Can Receive?
DFAS will pay a former spouse up to 50 percent of the service member’s disposable retired pay as a property division. If the former spouse is also owed child support or alimony through garnishment, the combined total can reach 65 percent.
Will My VA Disability Benefits Be Divided in the Divorce?
VA disability compensation is generally not divisible as marital property under federal law. However, if a service member waives retired pay to receive VA disability, the waiver can reduce the former spouse’s share of retirement. Florida courts can address this through other means, such as adjusting the property distribution or awarding additional alimony.
How Does a PCS Move Affect an Existing Custody Order?
A PCS relocation does not automatically change a Florida custody order. The relocating parent must obtain the other parent’s written agreement or petition the court under Florida Statute § 61.13001. The court evaluates the move based on the child’s best interests, including the reason for relocation and the feasibility of preserving the non-relocating parent’s timesharing.
Can a Military Spouse Receive Both Alimony and a Share of Retirement Pay?
Yes. Alimony and property division are separate determinations under Florida law. A former spouse can receive a share of military retired pay as property and also receive alimony if the court finds need and ability to pay. Combined direct payments from DFAS cannot exceed 65 percent of disposable retired pay.
