When a military marriage ends on the Space Coast, two money streams get tangled: the division of military retired pay as property, and alimony as support. They are different legal creatures with different rules — but they flow from the same paycheck, interact constantly, and are confused by almost everyone, including some lawyers. The military family law practice of The Law Office of John Vernon Moore, P.A. untangles them for Patrick SFB families and military retirees across Brevard County.
Two Streams, Two Rulebooks
The property stream: under USFSPA, Florida courts divide the marital share of military retired pay in equitable distribution — with DFAS paying a former spouse directly when the marriage overlapped 10+ years of service (the 10/10 rule affects payment method, not the right to division). This share is the former spouse’s property — not support: it does not end at remarriage, is not modifiable with circumstances, and is fixed by the judgment’s formula. The support stream: alimony under Florida’s reformed § 61.08 — need, ability to pay, the duration caps and 35% ceiling of the 2023 framework — modifiable, terminable at remarriage or supportive relationship, and enforceable as support. Confusing the two produces expensive drafting errors; keeping them straight is the foundation of every military divorce settlement.
The Interaction Points
Where the streams touch, precision matters. Ability to pay: the retiree’s remaining share of retired pay counts toward alimony ability — but the share already awarded to the former spouse as property should not be double-counted as the retiree’s income, the military version of the double-dip discipline. Need: the former spouse’s property share of retired pay is income-producing property that reduces their alimony need — both sides should model the combined package, because a settlement is one economic architecture, not two silos. The retirement off-ramp: a retiree’s statutory retirement modification may reach the alimony stream while the property division stands untouched — the design working exactly as intended.
The VA Disability Wrinkle
The most litigated corner: retirees who waive retired pay to receive VA disability compensation (tax-free, and — under federal law — not divisible as property). The waiver shrinks the divisible pot, and the Supreme Court’s Howell decision bars state courts from ordering indemnification for it as property division. But the support stream answers differently: VA disability counts as income for alimony ability-to-pay, and Florida courts confronted with a post-judgment waiver that guts a former spouse’s property share can consider the changed circumstances through the support lens. Drafting for this in advance — indemnification alternatives, alimony structures robust to waiver elections, life insurance security — is where experienced military counsel earns the fee. The companion protections travel with it: SBP (survivor coverage that keeps the former spouse’s stream alive past the retiree’s death — an election with hard deadlines, addressed at judgment or lost) and TRICARE continuation under the 20/20/20 rule for qualifying long marriages.
Building the Military Settlement That Holds
Our checklist for these cases: divide retired pay with DFAS-compliant language (the acceptable-formula drafting DFAS will actually pay on); elect and secure SBP with premium allocation stated; structure alimony inside the 2023 caps with the property division modeled alongside; anticipate the VA waiver in the drafting; address child support with allowances counted; and calendar every deadline — SBP elections, DFAS submissions, survivor annuity windows — because military benefits law forgives almost nothing filed late. The full context lives in our military divorce practice; the short version is that these settlements are systems, and systems reward engineers.
Frequently Asked Questions
Is my share of his military retirement alimony?
No — it is your property, awarded in the division, surviving your remarriage and his objections alike. Alimony is a separate award with separate rules, and you may have both.
We were married 8 years of his service. Do I get nothing because of the 10/10 rule?
The 10/10 rule only governs whether DFAS pays you directly — the marital share is divisible regardless, with payment structured through the settlement.
He waived retirement for VA disability and my share collapsed. Am I stuck?
Property indemnification is federally barred, but support remedies may respond to the changed circumstances — and prevention-minded drafting avoids the collapse entirely. Bring your judgment in; the answer lives in its language.
Does BAH count for alimony while he is still active duty?
Yes — allowances count toward income for Florida support purposes, exactly as in the child support context.
Fluent in Both Languages: Florida Family Law and Military Benefits
Our team brings over 89 years of combined experience — and genuine DFAS-level fluency — to Space Coast military families. Call (321) 529-7777 or contact us online for a free 30-minute consultation.