Military Divorce in Florida: SCRA, Pension & $750 (2026)

A military divorce in Florida is an uncontested or contested dissolution involving at least one active-duty, reserve, or retired servicemember, governed by Florida Statutes Chapter 61 plus two federal laws: the Servicemembers Civil Relief Act (SCRA, 50 U.S.C. § 3931–3932) and the Uniformed Services Former Spouses' Protection Act (USFSPA, 10 U.S.C. § 1408). When both spouses agree on every issue, our firm prepares an uncontested military divorce statewide for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate).

Military divorce in Florida adds federal layers most civilian divorces never touch — deployment-based delays, pension division rules, and special residency math. The good news: if you and your spouse agree on everything, the same affordable, flat-fee uncontested process applies. This guide explains how the SCRA and USFSPA interact with Florida law, when a military divorce can stay uncontested, and what court costs to expect.

What Makes a Military Divorce in Florida Different?

A Florida divorce is a Florida divorce — the same no-fault standard under F.S. 61.052 applies whether or not a spouse wears a uniform. The only ground is that the marriage is "irretrievably broken," and Florida has no waiting period after filing and no fault grounds like adultery or abandonment.

What changes is the federal overlay. A military divorce in Florida must account for:

• The SCRA (50 U.S.C. § 3931–3932), which protects active-duty members from default judgments and lets them request a postponement of proceedings when duty interferes.
• The USFSPA (10 U.S.C. § 1408), which lets Florida courts divide "disposable" military retired pay as marital property.
• Special residency proof for servicemembers stationed in Florida under F.S. 61.021.
• Federal benefits that Florida courts handle carefully: the Survivor Benefit Plan (SBP), the Thrift Savings Plan (TSP), and VA disability compensation.

None of these federal layers stops a military divorce from being uncontested. They simply mean the Marital Settlement Agreement has to be drafted with the pension, SBP, and TSP issues spelled out correctly the first time.

Can a Military Divorce Be Uncontested in Florida?

Yes. An uncontested military divorce means both spouses agree on all issues — property, debts, time-sharing, child support, and alimony — exactly as in a civilian uncontested case. Florida offers two uncontested paths:

For most military families, the regular uncontested path is the right one, because dividing a military pension or addressing the SBP usually means alimony or property terms that a simplified dissolution cannot accommodate. The centerpiece is a written Marital Settlement Agreement (the standard simplified form is 12.902(f)(3)) covering property, debts, time-sharing, child support, and alimony. If there are children, a Parenting Plan is also required under F.S. 61.13.

If you and your spouse genuinely agree, our firm prepares your uncontested military divorce for a $750 flat attorney fee statewide — the same price in all 67 Florida counties (court costs and notary separate).

How Does the SCRA Affect a Florida Divorce?

The Servicemembers Civil Relief Act (50 U.S.C. § 3931–3932) exists so active-duty members are not disadvantaged in court because they are serving. In a Florida divorce, the SCRA does two main things.

First, it guards against default judgments. If a servicemember spouse does not respond to a petition, the Florida court must determine whether that spouse is on active duty before entering a default. If they are, the court appoints an attorney to represent them or delays the case so no decision about property, time-sharing, or support is made in their absence (50 U.S.C. § 3931).

Second, it allows a stay (postponement) of proceedings. Under 50 U.S.C. § 3932, a court must grant an initial stay of at least 90 days when the active-duty member requests one and shows that military duty materially affects their ability to appear. The stay is not automatic — it must be requested with a written application that includes:

• A statement of how current military duty materially affects the ability to appear, plus a date the member will be available;
• A letter from the commanding officer confirming that duty prevents appearance and that leave is not authorized.

After the initial 90 days, additional stays are at the judge's discretion and require a fresh showing that service still materially affects the case. Requesting a stay does not, by itself, count as entering an appearance.

Here is the practical point for uncontested cases: the SCRA's stay protections matter most in contested or default situations. When both spouses agree and the servicemember voluntarily participates and signs the Marital Settlement Agreement, there is no contested hearing to delay — which is exactly why an agreed, attorney-prepared uncontested divorce can move smoothly even around a deployment schedule.

What Are Florida's Residency Rules for Military Members?

Under F.S. 61.021, at least one spouse must have lived in Florida for at least 6 months before filing the petition. Residency is normally proven by a Florida driver's license, voter registration, or a corroborating witness who knows you are a Florida resident.

Military service adds flexibility. A servicemember stationed in Florida generally satisfies the 6-month residency requirement under the same statute, even if Florida is not their legal domicile of record. This means a couple can often file in Florida if one spouse is stationed here long enough — a common situation around installations across the state.

Residency determines where you can file; it is not the same as domicile. Owning Florida property alone does not let you file here. For the precise residency proof in a military case, our firm can confirm whether Florida is the right filing state before you pay any court costs. For a deeper breakdown, see our guide on Florida divorce residency requirements.

How Are Military Pensions Divided in a Florida Divorce?

Military pension division is the single most technical part of a military divorce, and it sits at the intersection of federal and state law. The USFSPA (10 U.S.C. § 1408) authorizes Florida courts to divide a servicemember's pension, but it does not tell the court how to divide it. Florida applies its own equitable distribution rules under F.S. 61.075.

Several USFSPA limits shape every settlement:

• Only the marital portion is divisible. The part of the pension earned during the marriage is marital property; the part earned before or after is separate.
• Only "disposable" retired pay counts. The USFSPA limits division to disposable retired pay (gross pay minus certain deductions), not gross pay, so the divisible amount is often lower than the headline pension figure.
• The 50% cap. A former spouse can receive at most 50% of disposable retired pay through the USFSPA. If child support or alimony garnishments also apply, the total payable cannot exceed 65% of disposable retired pay.

Because Florida uses equitable distribution (fair, not automatically 50/50), spouses in an uncontested case can agree on how to allocate the marital share of the pension and write it into the Marital Settlement Agreement. That agreement still must respect the USFSPA caps and use language the Defense Finance and Accounting Service (DFAS) will accept. For how Florida divides assets generally, see property division in an uncontested Florida divorce.

The 10/10 Rule, Explained

The 10/10 rule is the most misunderstood concept in military divorce. It does not decide whether a former spouse is entitled to a share of the pension — it only decides how that share is paid.

Under the USFSPA, DFAS will pay a former spouse's awarded share directly only if the marriage lasted at least 10 years overlapping at least 10 years of creditable military service. If the marriage meets the 10/10 test, DFAS sends the former spouse's share directly. If it does not, the former spouse may still be awarded a share of the pension — but the payments must come from the servicemember rather than directly from DFAS.

A timing note: the 10/10 overlap is measured to the date of the final judgment, not the date the petition was filed, so couples close to the 10-year mark sometimes have reason to confirm the timing before finalizing.

VA Disability, SBP, and TSP

Three related benefits demand careful drafting:

• VA disability pay is not divisible. VA disability compensation is the servicemember's personal, tax-free benefit and cannot be divided under the USFSPA. When a member waives part of retired pay to receive VA disability, it can shrink the divisible pension — so spouses sometimes agree to indemnity language in the settlement to offset that effect.
• Survivor Benefit Plan (SBP). SBP coverage continues payments to a former spouse after the member's death, but only if the election is addressed in the divorce. Missing this election can permanently end the benefit.
• Thrift Savings Plan (TSP). The TSP is the military's 401(k)-equivalent and is not governed by the USFSPA. It is divided like other retirement accounts, often through a Retirement Benefits Court Order (RBCO).

These are precisely the details an attorney-prepared Marital Settlement Agreement should capture so the pension order is accepted by DFAS the first time.

How Much Does a Military Divorce Cost in Florida?

For an uncontested military divorce, our firm charges a $750 flat attorney fee, the same in every Florida county. Separate from that fee, you pay court costs — the county filing fee is typically about $408-$410 — plus notary fees and, if applicable, a process server ($40-$75). Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk.

The table below compares an attorney-prepared uncontested military divorce with a contested military divorce, where federal pension litigation and SCRA stays can drive costs far higher.

The $750 flat fee applies only when the case is genuinely uncontested. If the spouses cannot agree on the pension, time-sharing, or alimony, the case becomes contested and the flat fee does not apply.

Simplified vs. Regular Uncontested for Military Families

Most military families with a pension or SBP issue should use the regular uncontested path, not simplified dissolution, because those federal benefits usually require terms a simplified case cannot handle.

Financial disclosure in a regular uncontested case uses the Family Law Financial Affidavit (Form 12.902(b) short form or 12.902(c) long form), generally due within 45 days. Spouses may agree to waive filing those affidavits using Form 12.902(k) under Florida Family Law Rule 12.285. All standardized forms are at flcourts.gov, and filing is done through the Florida Courts E-Filing Portal at myflcourtaccess.com.

When Is a Military Divorce Too Complex to Stay Uncontested?

An uncontested flat-fee divorce is a good fit when both spouses agree on everything and the pension/SBP terms are straightforward to document. It may not fit when:

• The spouses disagree on the marital share of the pension or on a VA disability indemnity offset;
• Jurisdiction over the servicemember is uncertain, which the USFSPA requires before a Florida court can divide retired pay;
• A deployment makes a genuine SCRA stay necessary and the absent spouse cannot review and sign documents;
• There is a dispute over time-sharing under the equal time-sharing presumption (effective July 1, 2023) in F.S. 61.13.

In those situations, the case is contested and needs a different approach than a flat-fee uncontested package. To weigh representation options, read do you need a lawyer for an uncontested divorce in Florida. When both spouses do agree, an attorney-prepared MSA is what keeps the case uncontested — a licensed Florida attorney reviews your documents, confirms the pension language DFAS will accept, and answers your legal questions, which non-lawyer document-preparation services cannot do.

Frequently Asked Questions

(See the FAQ section below.)

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.