Military family law layers federal statutes, service regulations, and DFAS bureaucracy over ordinary Florida divorce — and generates a distinctive set of questions we hear from Patrick Space Force Base families every week. Here are the answers, with links to our detailed guides on each topic. For your specific situation, The Law Office of John Vernon Moore, P.A. — with over 89 years of combined experience — is at (321) 529-7777.
Filing and Process
Can I file for divorce in Florida if my spouse is stationed elsewhere?
Often yes — Florida works if you have resided here six months, or if the member is a Florida domiciliary. But dividing the pension has its own federal jurisdictional rules, and custody follows the child’s home state. The full analysis is on our military divorce process page.
Can my deployed spouse stop the divorce?
Pause, not stop. The SCRA provides a stay — at least 90 days, extendable — when duties materially prevent participation, plus default judgment protections. Obligations continue accruing meanwhile. See the SCRA in divorce.
The Pension and Benefits
How much of the military retirement do I get?
Typically half the portion earned during the marriage — computed under the frozen benefit rule at the member’s rank and service at divorce. The ten-year rule affects only whether DFAS pays you directly. Details: military pension division.
What happens to my share if my ex takes VA disability?
Waived retired pay leaves the divisible pool, and courts cannot simply restore it post-Howell — protection must be built into the settlement. Disability does count as income for support. The full picture: VA disability and divorce.
What is the SBP and why does everyone stress the deadline?
The Survivor Benefit Plan keeps your pension share alive if the retiree dies first — and former spouse coverage requires a deemed election filed with DFAS within one year of the court order. Miss it and the survivor benefit can be lost entirely. See SBP in divorce.
Do I keep TRICARE after the divorce?
Only under the 20/20/20 rule (lifetime) or 20/20/15 (one transitional year); otherwise CHCBP bridges up to 36 months, extendable in defined cases. The children keep TRICARE regardless. See TRICARE after divorce.
Support
Does BAH count for child support and alimony?
Yes — BAH, BAS, and special pays all count as income in Florida despite being tax-free, calculated from the LES rather than the W-2. See military pay and support and military child support.
How do I collect support from a servicemember who will not pay?
Three levers: an income withholding order served on DFAS, the command channel (service regulations require family support even without a court order), and Florida’s ordinary enforcement remedies. The machinery is on DFAS garnishment.
Children and Custody
Can I move with the kids when I get PCS orders?
Not unilaterally — Florida’s relocation statute (50 miles, 60 days) applies to PCS moves, requiring agreement or court permission. Orders are a legitimate reason, not an automatic pass. Start the process the day orders arrive: PCS and custody.
Will deployment cost me my timesharing?
No — Florida § 61.13002 bars permanent modification based solely on deployment, makes wartime arrangements temporary, and lets you designate a family member to exercise your time while gone. See parenting during deployment and military paternity for unmarried parents.
Special Situations
We are both in the service. How does that change things?
Two pensions, two SBP clocks, dual deployability, and parenting plans that need backup-caregiver architecture. Mutual pension waivers are common but only fair when careers are comparable. See dual-military divorce.
Is a Space Force divorce different?
Legally identical — same statutes, same DFAS — with practical differences: shift-work parenting schedules, concentrated basing, and clearance density. See Space Force divorce.
Will the divorce affect my security clearance?
The divorce itself, no. Unpaid support, concealed reportable events, and reckless litigation conduct, yes. The risk map — and how to stay off it — is on security clearances and divorce.
What rights do I have as the military spouse?
A pension share regardless of marriage length, SBP if perfected on time, TRICARE under the 20-year rules, support on full military income, and alimony factors that credit your career sacrifices. The complete catalogue: military spouse rights.
Get Answers From the Home-Field Firm
Military family law punishes generalists and rewards preparation — deadlines, drafting rules, and federal overlays decide real money and real parenting time. The Law Office of John Vernon Moore, P.A. serves servicemembers, Guardians, and military spouses throughout Melbourne, Patrick Space Force Base, Palm Bay, Viera, and Titusville. Start with our military divorce overview, then call (321) 529-7777 or schedule a consultation.