Military Divorce on the Space Coast: What Service Members Should Know
Short answer: A military divorce in Florida follows the same state process as any divorce, but federal law adds rules: the Servicemembers Civil Relief Act can pause proceedings during active duty, military retired pay can be divided as property, and direct payment from the government depends on how long the marriage overlapped with service. Parenting plans should also account for deployments and relocations.
The Space Coast is home to many active-duty service members, Guardians, reservists and veterans connected to Patrick Space Force Base and Cape Canaveral. When a military marriage ends, Florida law governs the divorce itself, but several federal rules shape the outcome.
Where you can file
Florida's six-month residency rule applies, but Florida law also recognizes service members who are Florida residents even while stationed elsewhere. Where you file can affect how retirement pay is divided, because a state court needs proper jurisdiction over the service member to divide military retired pay. Choosing the right forum early is an important strategic decision.
The Servicemembers Civil Relief Act
The SCRA protects active-duty members from having court cases proceed against them when military duties prevent them from participating. A service member can ask the court to stay, or pause, a divorce for at least 90 days, and longer in some cases. The law protects the service member's ability to be heard; it does not prevent a divorce altogether.
Dividing military retirement
- Under federal law, Florida courts can treat military retired pay as marital property to the extent it was earned during the marriage.
- For the government (DFAS) to pay the former spouse directly, the marriage generally must have overlapped at least ten years of creditable service, often called the "10/10 rule." Without that overlap, the share is still owed, but the service member pays it directly.
- The Survivor Benefit Plan, Thrift Savings Plan and disability pay each have separate rules and should be addressed specifically in the agreement.
Disability pay: Federal law limits how VA disability compensation can be treated in a divorce. Settlements that ignore that limit can be difficult to enforce later.
Parenting plans built for military life
Deployments, temporary duty and permanent change-of-station orders make a standard schedule hard to follow. Florida law addresses time-sharing for deploying parents, and a good parenting plan anticipates absences with virtual contact, make-up time and clear rules about who exercises time during a deployment. Relocation with a child still follows Florida's relocation statute, discussed in relocating with a child in Florida.
Support and benefits
Child support uses Florida's guidelines, and military income such as basic allowance for housing is generally counted. Former spouses may keep certain military benefits, such as healthcare or commissary access, only if they meet strict federal criteria based on the length of marriage and service.
When to talk to a lawyer
Military divorces reward careful drafting, especially around retirement pay. Heather Harris Law represents Space Coast service members and spouses in divorce and time-sharing matters from the Merritt Island office.
Frequently asked questions
Can I get divorced while my spouse is deployed?
A divorce can be filed, but an active-duty spouse may ask the court to pause the case under the Servicemembers Civil Relief Act when military duties prevent participation.
Do I need ten years of marriage to get part of military retirement?
No. The ten-year overlap rule only controls whether the government pays the former spouse directly. A share earned during a shorter marriage can still be awarded.
Which state should a military family file in?
It depends on residency, where each spouse lives and where the court can divide retirement pay. This is worth discussing with a lawyer before filing.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.