Broward County Military Divorce Attorney

Military divorce carries a layer of legal complexity that standard Florida dissolution proceedings simply do not. Federal law governs how military retirement pay gets divided. Active duty status can pause court proceedings entirely. Health coverage through TRICARE, base housing allowances, and survivor benefit elections all require decisions that have long-term financial consequences for both spouses. For service members stationed at or near installations in Broward County, and for the civilian spouses left navigating Florida courts while a partner is deployed, getting the legal framework right from the start matters far more than most people realize.

Broward County military divorce cases involve an intersection of Florida family law and a set of federal statutes that most general practitioners rarely touch. The Uniformed Services Former Spouses’ Protection Act controls whether, and how much, a state court can divide military retirement. The Servicemembers Civil Relief Act can delay proceedings when a member cannot appear due to active duty obligations. Each of these layers has to be understood and handled correctly, or agreements that look complete on paper may turn out to be unenforceable, or worse, financially devastating, years down the road.

At Sandra Bonfiglio, P.A., we work with military families in Fort Lauderdale and throughout Broward County to reach fair, well-structured resolutions through uncontested divorce and mediation. Whether one spouse is currently deployed, recently returned, or separating from service entirely, we focus on reaching agreements that actually hold up, without forcing families through unnecessary courtroom conflict.

What Military Families in Broward County Are Actually Dealing With

• Division of Military Retirement Pay: The Uniformed Services Former Spouses’ Protection Act allows Florida courts to treat disposable military retired pay as marital property subject to equitable distribution, but direct payment from the Defense Finance and Accounting Service requires at least ten years of marriage overlapping with ten years of creditable military service. Families who do not meet this threshold still have rights; the structure simply differs, and getting the order language wrong delays payment for years.
• TRICARE Eligibility for Former Spouses: Continued access to TRICARE health coverage for a non-military spouse hinges on meeting the 20/20/20 rule: twenty years of marriage, twenty years of military service, and twenty years of overlap. Spouses who fall just short may qualify for transitional coverage, but the window is narrow and automatic enrollment does not happen without action.
• Survivor Benefit Plan Elections: At retirement, a service member elects whether to enroll a spouse in the Survivor Benefit Plan, which provides continued income if the retiree dies first. Divorce changes those elections, and Florida courts can order continued SBP coverage as part of a settlement. Missing this issue in a marital settlement agreement means a former spouse could lose all income protection after decades of marriage.
• Basic Allowance for Housing in Support Calculations: BAH is not taxable income, but Florida courts do consider it when calculating child support and alimony obligations. Service members sometimes assume BAH is invisible to the court. It is not. Understanding how Broward County judges treat military allowances matters when negotiating support terms.
• Servicemembers Civil Relief Act Protections: A service member who receives deployment orders while divorce proceedings are pending may request a stay of civil proceedings. The SCRA allows courts to postpone hearings for the duration of deployment plus a defined period after return. For civilian spouses, this can mean months of delay; for service members, it provides protection from default judgments entered while they are unable to participate.
• Parenting Plans Across State Lines and Deployments: Military parenting plans need provisions that civilian plans do not, including delegation of parenting time to a family member during deployment, return-from-deployment protocols, and modification procedures when permanent change-of-station orders move a parent out of Florida. Broward County courts approve these plans, but the plan itself must be built with military realities in mind.
• VA Disability Compensation: Disability pay from the Department of Veterans Affairs is not divisible as marital property and cannot be garnished for property settlement purposes. However, concurrent retirement and disability pay rules affect how much of a service member’s total income is actually subject to division. Misunderstanding this distinction is one of the most common errors in military divorce agreements.

What to Do if You Are Facing a Military Divorce in Broward County

The first practical step is confirming jurisdiction. Florida courts have jurisdiction over a military divorce if the service member is domiciled in Florida, if the non-military spouse resides here, or if the service member is stationed in Florida and has been long enough to establish residency. Many families connected to Broward County through prior assignments or a civilian spouse’s residence qualify to file here even if the service member is currently stationed elsewhere.

Once jurisdiction is confirmed, the filing location is the Broward County Courthouse, located at 201 SE 6th Street in Fort Lauderdale. The Family Law Division handles all dissolution proceedings. Financial disclosure is mandatory in Florida, and military financial packages look different from civilian ones. A Leave and Earnings Statement, the most recent Notice of Basic Allowance for Housing, any VA rating letters, and retirement eligibility documentation should all be gathered early. Missing any of these from the initial disclosure can complicate negotiations or trigger objections later.

If the service member is currently on active duty and facing deployment, do not assume proceedings must wait indefinitely. The SCRA requires a court to grant a stay upon request, but it does not prevent voluntary agreements. Couples who are aligned on the key issues can move forward through a mediated or uncontested process even while one spouse is on active duty, as long as both participate willingly and the proper procedural steps are followed.

One mistake military families make is using a general marital settlement agreement template without addressing federal benefit-specific language. A standard property division agreement does not constitute a valid order dividing military retirement. A separate order, often called a Military Retired Pay Division Order, must be drafted with language that meets DFAS requirements. Similarly, if SBP coverage is part of the settlement, the court order must explicitly address it, and the election must be made within a strict window after the divorce is final. Missing that window eliminates the option permanently.

Alimony should also be considered through the lens of Florida’s current framework, which no longer includes permanent alimony. The options are bridge-the-gap, rehabilitative, and durational support. For a civilian spouse who spent years following a service member through assignments and interrupting career development, rehabilitative alimony can be an appropriate tool. For shorter marriages, bridge-the-gap support may cover the transition. These decisions should be made with clear information about what Florida courts can and cannot award.

Military Retirement and Property Division: Getting the Order Right

Florida treats military retirement pay as marital property to the extent it was accrued during the marriage. That seems straightforward until you look at the actual calculation. Courts can use either a fixed dollar amount or a percentage of the member’s disposable retired pay. Each approach has trade-offs. A fixed dollar amount gives the former spouse certainty regardless of what happens to the retirement benefit, but it does not adjust for cost-of-living increases. A percentage share keeps both parties connected to the same benefit structure, which can be advantageous for longer marriages, but requires precise drafting to account for years-of-service formulas.

The ten-year overlap rule, often called the 10/10 rule, comes up frequently and is sometimes misunderstood. The rule does not determine whether a former spouse is entitled to a share of retirement pay. Florida courts can divide retirement regardless of the length of the marriage. What the 10/10 rule determines is whether the former spouse can receive direct payment from DFAS. If the marriage lasted fewer than ten overlapping years, a court can still award a portion of retirement, but the service member must pay it directly rather than having it disbursed through DFAS. That distinction matters for enforcement.

Beyond retirement pay, service members approaching their final years of service sometimes hold non-vested retirement as a significant marital asset. Courts handle this differently depending on when the divorce occurs relative to separation from service. A military divorce attorney in Broward County who understands how Florida handles unvested benefits can help structure a settlement that accounts for the realistic value of the retirement, even when it is not yet in payment status.

Questions Military Families Ask About Divorce in Broward County

Does Florida have residency requirements for military divorce?

Yes. Florida requires at least six months of residency before filing for dissolution of marriage. For military families, this requirement can be satisfied by the civilian spouse’s residency in Broward County, or by the service member’s domicile being established in Florida even if they are currently stationed elsewhere. Active duty service in Florida may also satisfy the requirement depending on circumstances. The key is identifying which spouse can establish residency and planning the filing accordingly.

Can a divorce proceed if my spouse is deployed?

A deployed service member has the right to request a stay of proceedings under the Servicemembers Civil Relief Act, but that request is not automatic and must be made to the court. If the service member does not invoke SCRA protections and both parties are willing to proceed, the divorce can move forward even during a deployment. Many military couples complete uncontested divorces through mediation while one partner is deployed, using remote participation where available.

How does Broward County handle child custody when a parent has PCS orders?

Florida courts approve parenting plans for military families that include specific deployment and relocation provisions. When a parent receives permanent change-of-station orders that would require a move out of state, Florida law allows for modification of the parenting plan to accommodate the relocation, but the relocating parent must follow proper notice procedures. Parenting plans drafted from the outset with military mobility in mind are far less likely to require contested modification later.

Is BAH counted as income for alimony and child support in Florida?

Florida courts do consider Basic Allowance for Housing when calculating income for support purposes, even though BAH is not taxable at the federal level. The same applies to Basic Allowance for Subsistence. Service members should not assume that non-taxable allowances are invisible to a Broward County judge. An accurate support calculation requires presenting the full compensation picture, including base pay and applicable allowances.

What happens to TRICARE if I divorce a service member?

A former spouse who meets the 20/20/20 rule qualifies for full TRICARE coverage after divorce. Those who meet a 20/20/15 threshold (twenty years of marriage, twenty years of service, fifteen years of overlap) may qualify for a limited transitional period of coverage. Former spouses who do not meet either threshold lose TRICARE eligibility upon divorce and must secure coverage elsewhere. Addressing this issue during settlement negotiations, rather than discovering it afterward, is critical for the non-military spouse’s long-term planning.

Can we do an uncontested divorce in Broward County even with military retirement involved?

Yes. Many military couples in Broward County complete their divorces through the uncontested process, even when retirement division is on the table. The key is that the marital settlement agreement must contain legally sufficient language for dividing military retirement, and a separate retirement division order may be needed to satisfy DFAS requirements. Having a military divorce attorney in Broward County review the agreement before filing prevents errors that would require reopening the case later.

Is VA disability pay divided in a Florida military divorce?

No. VA disability compensation is explicitly excluded from divisible property under federal law. Florida courts cannot award a share of disability pay to a former spouse as part of property distribution. However, if a retiree waives a portion of retirement pay to receive tax-free disability compensation, that waiver can affect the amount the former spouse actually receives. Addressing this possibility in settlement language, rather than leaving it open, protects both parties from future disputes.

What is the Survivor Benefit Plan and why does it matter in divorce?

The Survivor Benefit Plan is an annuity program that, if elected, provides a former spouse with continued income after the service member’s death, calculated as a percentage of the retirement benefit. In divorce, courts can order a service member to maintain SBP coverage for a former spouse. The former spouse must be designated as a beneficiary within a specific period after the divorce is final. Missing that window eliminates the option permanently, and no court order can restore it. For long-term marriages where the former spouse depends on the service member’s retirement income, this is one of the most financially significant issues in the entire case.

Does mediation work for military divorce cases in Broward County?

Mediation is well-suited to many military divorce cases, particularly those involving retirement division, support calculations, and parenting plans. Broward County courts often require mediation before contested hearings anyway. The advantage in military cases is that mediation allows both parties to work through the specific federal benefit issues, TRICARE, SBP, retirement division, BAH in support calculations, with a mediator who can keep the conversation focused on practical outcomes rather than adversarial positions. The resulting agreement then gets formalized with legally sufficient order language.

How long does a military divorce typically take in Broward County?

Florida has a mandatory waiting period after service of process. Uncontested military divorces that are properly documented, with all required retirement division language and parenting plan provisions, can be resolved within a few months of filing in Broward County. Contested cases, or those requiring SCRA stays, take longer. Cases involving unvested retirement or disputes over disability pay offsets can extend the timeline further. Starting with a realistic picture of what needs to be resolved, and working toward agreement on the federal benefit issues early, is the most reliable way to keep the process moving.

Serving Military Families Across Broward County and Beyond

Sandra Bonfiglio, P.A. represents military families throughout Broward County, including clients in Fort Lauderdale, Hollywood, Miramar, Pembroke Pines, Coral Springs, Plantation, Davie, Sunrise, Tamarac, Deerfield Beach, Pompano Beach, Hallandale Beach, Dania Beach, Cooper City, Weston, Margate, North Lauderdale, Lauderhill, and Lauderdale Lakes. We also serve clients in the broader South Florida region, including those with ties to Palm Beach County and Miami-Dade County, as well as families connected to our St. Augustine office in northeast Florida. Military families throughout these communities, whether currently stationed nearby, recently separated from service, or managing a long-distance dissolution while one spouse is on assignment, can work with our firm to reach a fair resolution through uncontested divorce or mediation. Distance and deployment do not have to prevent a well-structured agreement.

Broward County Military Divorce Attorney Ready to Help Your Family Move Forward

Military divorce raises questions that most couples never have to face: how retirement pay gets split under federal law, whether TRICARE coverage survives the marriage, how a parenting plan accounts for deployments and transfers, and what happens to a survivor benefit election if nothing is addressed before the divorce is final. These are not abstract concerns. They are decisions that will shape the financial and family lives of both spouses for decades.

At Sandra Bonfiglio, P.A., our approach to military family law centers on reaching agreements that are fair, durable, and legally sound, without driving families through expensive, prolonged conflict. If you are a service member or military spouse in Broward County working through a dissolution and want guidance from a Broward County military divorce attorney who understands both Florida family law and the federal framework that governs military benefits, contact our office today to schedule a consultation.