Military service comes with unique rules, schedules, and benefits, and divorce adds a legal layer. If you are a service member or a military spouse in Florida, you need a plan that fits your duty status and protects your future.
At Kofsky Law Office, we handle Florida divorces that intersect with federal rules, such as the SCRA and the USFSPA, with steady, practical guidance. Martin Kofsky listens closely, then sets a clear path that guards your rights and keeps your goals front and centre.
Overview of Florida Military Divorce
Military divorce touches both state and federal law, which affects property division, child-related issues, and support. Service commitments, deployments, and frequent moves can influence every part of a case, from where to file to how support is calculated. Our job is to make the legal process clear and workable for your family.
The Servicemembers Civil Relief Act (SCRA) can allow a stay of certain court proceedings so an active-duty service member has a fair opportunity to participate. Florida residency and filing rules can differ for military families, especially when PCS orders or an out-of-state home of record are involved. We guide you on what applies, then move forward with the right filing plan.
Here are common topics that matter in a Florida military divorce:
- SCRA protections that can delay hearings while a service member is on active duty.
- Whether Florida courts have jurisdiction based on residency, domicile, or stationing.
- How the USFSPA works for dividing military retired pay and TSP accounts.
- Parenting plans that account for deployment, training, and long-distance contact.
Every family is different, and military life adds moving parts. Here is how we step in to steady the process.
How Kofsky Law Serves Clients in Military Divorce Cases
We balance legal skill with practical problem solving, then press for outcomes that last. Our team handles both straightforward matters and high-stakes disputes that call for seasoned judgment.
Comprehensive Case Evaluation
We review your service status, length of the marriage, and any prior agreements, then build a case plan that fits your goals. Deployment schedules, PCS history, and benefits are mapped against Florida law to avoid surprises. You get a clear explanation of timelines, filings, and likely court expectations.
Guiding Property Division
We press for fair division of marital assets, including military retired pay, Thrift Savings Plan accounts, and bonuses earned during the marriage. Under the USFSPA, Florida courts can divide disposable retired pay, while DFAS rules control how payments flow to a former spouse. We prepare military retired pay division orders and Thrift Savings Plan court orders with precise terms, so benefits are divided correctly the first time.
Assets and issues we regularly handle include:
- Military retired pay shares tied to service overlap with the marriage.
- Thrift Savings Plan transfers and rollover options.
- BAH and other military allowances, addressed correctly in child support calculations.
- Division of real estate, vehicles, and bank or brokerage accounts.
You stay informed at each step, with plain-language updates and options.
Addressing Child Custody and Support
We focus on parenting arrangements that protect the kids and keep both parents involved. Plans often include virtual visits, pre-travel notice requirements, and delegation during deployment. Child support is calculated using Florida guidelines that account for military base pay and eligible allowances.
Representation in High-Conflict Situations
Some cases involve relocation fights, disputed income, or allegations that raise the stakes for everyone. We push hard in court when needed, while keeping an eye on long-term outcomes and your family’s well-being. Martin Kofsky brings steady case management and strong advocacy to each hearing and negotiation.
Our firm handles the tough matters with care and precision. You will always know where your case stands and what comes next.
Key Considerations in Florida Military Divorces
A few issues often control the pace and result of a Florida military divorce. Knowing the rules in advance helps you plan with confidence.
Jurisdiction and Residency
Florida requires at least one spouse to live in the state for six months before filing. Military families often qualify through domicile or stationing, even with frequent moves.
Common paths to Florida jurisdiction include:
- One spouse is domiciled in Florida with the intent to remain.
- One spouse has lived in Florida for six months before filing.
- The service member is stationed in Florida and has sufficient ties to establish jurisdiction.
We evaluate your facts, then file in the court that makes the most sense for your case.
Division of Military Retirement Benefits
Military retired pay is often one of the largest assets in a divorce. The USFSPA allows Florida courts to divide disposable retired pay, and DFAS can send payments directly to a former spouse if the marriage and service overlap meet the 10/10 rule. That rule affects the payment method, not whether a court can award a share.
The table below highlights federal rules that often arise in Florida military divorces.
| Rule or Law | What It Covers | Practical Effect |
| SCRA | Active-duty protections for court timelines and default judgments | Possible stay of proceedings so the member can participate fully |
| USFSPA | Authority for state courts to divide disposable retired pay | Allows a percentage or formula share in a final judgment |
| 10/10 Rule | At least 10 years of marriage overlapping 10 years of service | Enables DFAS to pay a former spouse directly when a court awards a share |
| SBP | Survivor Benefit Plan coverage for a former spouse | Protects continued income if the retiree passes away first |
| TRICARE Rules | Health coverage for qualifying former spouses | Available in full under 20/20/20, and limited under 20/20/15 |
We draft orders with the appropriate DFAS and court language, reducing the risk of rework later.
Healthcare and Survivor Benefits
Former spouses may qualify for TRICARE based on the length of the marriage and its overlap with military service. The 20/20/20 rule grants full benefits, while the 20/20/15 rule can allow TRICARE for a limited period.
We also address the Survivor Benefit Plan, which is often a critical piece of long-term security. Elections and deadlines matter, so we lock those down in writing.
Impact of Deployment and Relocation
Deployment and PCS orders can disrupt routines, school schedules, and visitation. Florida courts still centre decisions on the child’s best interests, with careful attention to stability and frequent contact. We build parenting plans that set notice timelines, long-distance communication, and make-up time, so expectations stay clear.
When circumstances change, we pursue modifications that match the new reality. Quick action helps prevent missed time and confusion for the kids.
Facing a Military Divorce? Contact Kofsky Law Today.
If you are considering a military divorce in Florida, our team is ready to help you protect family, finances, and future plans. Feel free to call 561-407-0703 for a free consultation with Martin Kofsky, or visit our website to reach out anytime. We welcome your questions, and we will meet you where you are, with clear advice and a steady plan forward.
High-conflict disputes, relocation cases, and retirement benefit issues are handled with the same steady focus and preparation. We handle the hard cases with calm focus and careful preparation. Contact us today, and let’s start building a solution that fits your life and your service.
