St. Petersburg Military Divorce Attorney

Professional Assistance With the Unique Challenges When a Divorcing Spouse Is a Member of the Military

Military divorce presents unique legal and logistical challenges compared to civilian divorces. From issues related to a court’s jurisdiction and the division of military pensions to the impact of deployment on child custody arrangements, service members and their spouses must deal with a host of additional complex issues when dissolving their marriage. At the Law Office of Kevin F. Coleman, we understand the intricacies of military divorce and work diligently to protect our clients’ rights while guiding them through this challenging process. Contact our office for advice and representation from a skilled and knowledgeable St. Petersburg military divorce attorney.

Jurisdiction and Filing for Divorce

One of the first challenges in a military divorce is determining where to file. Unlike civilian divorces, where jurisdiction is typically based on residency, military divorces may involve multiple jurisdictions. For instance, a service member or their spouse may file in the state where the service member is stationed, the state where they are legally domiciled, or the state where the non-military spouse resides. Florida allows military members and their spouses to file for divorce in the state if either party has lived there for at least six months.

Choosing the right jurisdiction can have significant implications on asset division, child custody, and spousal support. Consulting an experienced military divorce attorney ensures that you file in the most advantageous location for your specific circumstances.

Division of Military Pensions and Benefits

One of the most critical aspects of a military divorce is the division of military pensions and benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military pensions as marital property subject to division. However, there are specific rules regarding eligibility and distribution.

For example, the “10/10 Rule” states that for a former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least ten years, with at least ten of those years overlapping the service member’s active duty. Even if a marriage does not meet this requirement, a spouse may still be entitled to a portion of the pension through other legal means.

Additionally, former spouses may be eligible for continued access to TRICARE health benefits under the “20/20/20 Rule” or “20/20/15 Rule,” depending on the length of the marriage and military service. These rules can be complex, making it essential to have knowledgeable legal guidance when negotiating the division of military benefits.

Child Custody and Visitation in Military Families

Child custody and visitation can be particularly complicated in military divorces due to deployments, relocations, and changes in duty stations. Florida courts prioritize the best interests of the child when determining custody arrangements, and military parents must create parenting plans that account for potential deployments or moves.

In many cases, courts will establish temporary custody arrangements during deployment and provide mechanisms for the service member to maintain contact with their child. The Servicemembers Civil Relief Act (SCRA) protects military parents from being held in default for failing to appear in court due to deployment obligations, ensuring they have a fair opportunity to participate in custody proceedings.

Alimony and Child Support Considerations

Military service members are subject to the same alimony and child support obligations as civilians but with additional enforcement mechanisms. Florida courts consider factors such as the length of the marriage, each spouse’s financial situation, and the service member’s ability to pay when determining alimony.

Child support calculations follow state guidelines, but military allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) may be factored into the service member’s income. Additionally, military members are required by law to support their dependents under military regulations, even before a formal court order is in place.

Relocation and Deployment Issues

Relocation due to military orders is a common issue in military divorces. Florida law requires a parent seeking to relocate with a child more than 50 miles away for more than 60 days to obtain court approval or the other parent’s consent. Courts will evaluate whether the relocation is in the child’s best interests, considering factors such as educational opportunities, extended family support, and the ability to maintain a meaningful relationship with both parents.

Service members facing deployment may also need special provisions in their parenting plans, including temporary custody arrangements and electronic communication options such as video calls. Courts aim to minimize disruption for children while ensuring both parents can maintain strong bonds with them.

Work With an Experienced Attorney for Your St. Petersburg Military Divorce

Military divorces require a deep understanding of both Florida family law and the unique legal protections afforded to service members and their spouses. St. Petersburg military divorce attorney Kevin F. Coleman has extensive experience handling all kinds of divorce cases and is dedicated to helping clients navigate whatever complex issues their case involves.

If you or your spouse is a military service member and you are considering divorce, contact the Law Office of Kevin F. Coleman today. We offer a free phone consultation to discuss your situation and explore your legal options.