Military Divorce in Florida: Jurisdiction & Special Considerations – When Split Happens Episode 9

This post is part of a series summarizing each episode of When Split Happens, Sasso Guerrero & Henderlite’s podcast. Access all episode topics here.

In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite addresses the legal landscape of military divorce and how it differs from civilian cases. Military families often face additional layers of rules and procedures that can significantly affect how a divorce is filed, processed, and finalized.

Jay explains how active-duty status, deployment, and residency rules influence jurisdiction and timing, and why service members and their spouses must plan carefully around federal protections and military-specific regulations. He breaks down how courts approach the division of military pensions, benefits, and allowances, along with key considerations that can impact long-term financial outcomes.

He also highlights common misconceptions about military divorce that frequently lead to mistakes or delays, and outlines the practical steps families can take early in the process to protect their rights and avoid preventable complications.

Related: Announcing When Split Happens, New Family Law Podcast Hosted by Jay Henderlite

Why military divorce is different

If you or your spouse serves in the U.S. military, divorce in Florida brings extra layers of rules and protections. Military status affects where you can file, how custody is handled during deployments, and how pay and retirement are divided. Understanding those differences up front can protect your rights—and your family’s stability—through a difficult transition.

Residency and jurisdiction: can I file in Florida?

Florida requires that one spouse be a resident for at least six months before filing for divorce. Stationing in Florida can meet that requirement only if Florida is your legal residence. Military orders alone do not automatically create residency. Courts will look for evidence of intent to make Florida your domicile, such as:

• Florida driver’s license
• Florida voter registration
• Paying state taxes to Florida

If your spouse lives in another state or overseas, Florida may still have jurisdiction over the divorce itself—but not necessarily over property division, custody, or child support. Each issue has its own legal test, and jurisdiction mistakes are one of the biggest risks in military divorce.

Federal protections: what the SCRA does

The Service Members Civil Relief Act (SCRA) is a federal law that protects active-duty service members from being disadvantaged in civil proceedings while serving.

• Filing while deployed: A spouse can file for divorce while the service member is deployed, but the SCRA may let the deployed member request a stay (a pause) if military duties prevent meaningful participation.
• Due process: The SCRA doesn’t permanently block divorce, but it helps ensure the service member can be heard and represented when service commitments allow.

Parenting and deployment: will deployment hurt custody?

A common fear is that deployment will be held against a parent in custody disputes. Under Florida law, deployment alone is not considered abandonment and cannot be the sole reason to permanently change a parenting plan.

Temporary modifications can be made while a parent is deployed to address practical issues, but the original plan is generally expected to be restored after deployment unless there is a substantial, lasting change in circumstances. Florida judges prioritize stability and continuity for children and avoid punishing military service.

Pay, benefits, and retirement: what counts as marital property?

Military compensation is complex. Here are the key points to understand:

• Military retirement: Not automatically split 50/50. Retirement is treated as marital property only to the extent it was earned during the marriage. Division depends on the overlap between marriage and service, Florida law, and the Uniformed Services Former Spouses’ Protection Act (USFSPA).
• BAH, special pay, bonuses: Courts generally consider base pay, housing allowance (BAH), and certain special pays and bonuses when calculating child support and alimony.
• Expert analysis: Accurately valuing military benefits often requires attorneys and financial experts familiar with military pay rules.

Timing and strategy: should you wait to file?

There’s no one-size-fits-all answer. Waiting to file until after separation or retirement can sometimes simplify issues, but it can also create risks:

• Waiting affects jurisdiction and may change where you can file.
• Marital assets continue to accumulate while you wait.
• Parenting schedules and deployments can complicate temporary arrangements if you delay.

The right strategy depends on your service status, family needs, and the nature of marital assets. Discuss timing with an attorney who knows both Florida family law and military-specific rules.

Key takeaways

• Residency matters: being stationed in Florida is not automatically the same as being a Florida resident.
• The SCRA protects active-duty members by allowing stays when military service prevents participation.
• Deployment alone won’t permanently change custody—courts look for stability for the child.
• Military pay and retirement are complicated; only the portion earned during the marriage is generally marital property.
• Timing your filing is strategic—get individualized advice before deciding to wait or proceed.

Next steps

If you live in Jacksonville or the surrounding areas and you or your spouse serve (active duty, reserves, or recently separated), talk with a family law attorney experienced in military divorce. These cases require careful planning and specialized knowledge to protect your parental rights, financial interests, and future stability.

For more information or to schedule a consultation, visit familylawyerjax.com.

Frequently asked questions

Can I file for divorce in Florida if I’m stationed here but not a resident?

Possibly. Stationing in Florida can satisfy the six-month residency requirement only if Florida is your legal domicile. Courts look for intent to make Florida your home—like a Florida driver’s license, voter registration, or paying state taxes.

Can my spouse divorce me while I’m deployed?

Yes. A spouse can file while you’re deployed, but the SCRA may allow you to request a stay so your military duties don’t prevent meaningful participation in the case.

Will deployment hurt my chances of getting custody?

Deployment alone isn’t a basis to permanently change custody. Courts may order temporary adjustments during deployment, but the original parenting plan is typically restored afterward unless a substantial change is shown.

Is my military retirement automatically split with my spouse?

No. Military retirement is divided only to the extent it was earned during the marriage. The overlap between the marriage and service, Florida law, and the USFSPA all matter in determining division.

Does BAH or special pay count when calculating support?

Generally, yes. Courts typically consider base pay, BAH, and certain special pays or bonuses when calculating child support and alimony. Accurate valuation often requires specialized legal help.

Should I wait until I leave the military to file for divorce?

It depends. Waiting can simplify some issues but may create others—jurisdiction, asset accumulation, and parenting logistics. Consult an attorney familiar with military divorce to weigh risks and benefits for your situation.

Final note

Military divorce in Florida involves state residency rules, federal protections, custody considerations during deployment, and detailed financial calculations. Don’t rely on assumptions—get advice from a lawyer who understands both Florida family courts and the unique aspects of military service.