Orlando Military Divorce Attorney

For members of the armed forces who are contemplating the end of a marriage, the divorce process can feel even more daunting than it might for civilians. Service members face unique challenges related to time-sharing arrangements, retirement benefits, jurisdictional issues, and the impact of various federal statutes. If you or your spouse serves or has served in the Air Force, Army, Marine Corps, Navy, or Coast Guard, you deserve an attorney who fully understands these complexities. At Adams, Luka, and Benton, P.A., our Orlando divorce attorneys will guide our clients through every aspect of a military divorce, helping them move forward with clarity and confidence. Our goal is to pursue the best outcome for you and any children involved while treating you with the respect and compassion you deserve.

A divorce involving a service member is governed not only by the family laws in Florida but also by specific federal statutes, including the act known as the Service Members Civil Relief Act. In a traditional civilian divorce, the primary legal framework is typically state-based. However, when one or both spouses serve in the military, there are often additional questions about when, where, and how to file. There are also special considerations regarding the time-sharing of minor children and the division of retirement benefits. Even whether Florida courts have the authority to hear the case can become complicated if the service member is not currently stationed there. This intersection between federal and state law creates heightened complexity.

At Adams, Luka, and Benton, P.A., we understand that service members and their spouses have unique life circumstances, such as frequent relocations and deployments, that can complicate almost every aspect of a divorce. An experienced attorney who grasps how Florida’s laws interact with the relevant federal statutes can make a tremendous difference in guiding you through each step of the process. Our approach is built on in-depth knowledge of the law, creative problem-solving, and a commitment to protecting our clients' rights.

Before a court can handle your divorce, it must have the authority. In Florida, you must be a state resident for a specified period to file. For civilians, it is often straightforward to prove residency. By contrast, a service member temporarily assigned to a base in Florida or deployed outside of Florida may need to clarify domicile and residency. Even something as seemingly simple as determining the correct location for filing can be an extra layer of stress when a service member is stationed in another state or abroad. Working with an attorney familiar with these considerations can help you avoid procedural pitfalls, file in the correct jurisdiction, and keep your case on track.

The Service Members Civil Relief Act is a federal law that offers certain protections to active-duty military members. One crucial aspect of this law is that it may allow a court to pause or “stay” divorce proceedings if a service member’s military duties prevent him or her from appearing in court or responding to legal claims. This protection can be essential for a spouse deployed overseas or otherwise engaged in intense training or assignments. However, the existence of a stay does not necessarily mean that a case will be at a standstill forever. Courts often examine the circumstances, including the nature of a service member’s duties, before deciding whether to grant or continue a stay.

If you find yourself on the other side of this issue—perhaps you are a spouse who wishes to move forward with a divorce, but your service member partner cannot attend hearings because of deployment—it is valuable to have counsel who knows how to navigate these challenges. A knowledgeable attorney can help you determine the best path forward, balancing federal law requirements with your interest in resolving the divorce.

Florida law uses “time-sharing” instead of “child custody.” This approach focuses on each parent's responsibilities and time with a child rather than labeling one parent as the custodian and the other as the visitor. In a military divorce, the key question often becomes how to ensure children maintain meaningful relationships with both parents despite the possibility of deployment or frequent relocations. In some cases, it is possible to build flexible parenting plans that address the reality of military service, with provisions for returning to the court if one parent’s station changes or if there is a long deployment.

A nonmilitary spouse should not assume that the court will automatically grant him or her full custody. Florida courts evaluate time-sharing arrangements based on the child’s best interests. When one spouse’s location changes, developing a sound parenting plan can take creativity, cooperation, and a thorough understanding of Florida’s child custody guidelines. Our attorneys strive to help parents craft workable parenting plans that consider parental rights and children's well-being.

Under Florida law, the courts calculate child support based on the parents’ incomes, child-related expenses, and additional factors. For military families, income may include base pay, housing allowances, or other types of compensation. Determining the accurate total compensation can be essential to ensuring fair child support. When you are a service member, you want to ensure that your spouse or former spouse is not attributing income to you that should not be included. When you are the nonmilitary spouse, you want to be sure your former spouse’s entire resources are accounted for so that your children receive the support they need. Navigating the complexities of child support calculation often requires the guidance of an attorney who understands Florida child support law and the various forms of military pay.

Florida is an equitable distribution state regarding dividing assets and debts. Equitable does not necessarily mean equal, but the law aims to divide assets, property, and debts fairly. Military pensions and benefits can be incredibly substantial and are subject to specific statutes. One crucial federal statute is the Uniformed Services Former Spouses’ Protection Act, which governs how a court may handle a service member’s military retirement. In many circumstances, the court can treat military retirement as marital property and divide it accordingly.

Service members and former spouses should also know that federal guidelines may determine how and when payments can be made directly to a nonmilitary spouse. The rules about how long a couple must have been married for a former spouse to collect a share of retirement can be very nuanced. There are also special rules relating to health care benefits, often referred to by phrases involving “twenty,” that address how long a spouse can continue receiving certain forms of coverage after a divorce. Knowing how these rules apply to your situation is vital for protecting your financial interests, both in the present and future.

Beyond retirement and pension benefits, many military families rely on health care coverage through an option known as TRICARE. A divorce may influence a spouse’s eligibility for coverage, and the outcome depends in part on how long the marriage lasted and how much of that time overlapped with the service member’s military service. These rules can differ based on the details of an individual’s service record and the length of the marriage. Suppose you are the spouse of a military member and rely on TRICARE coverage. In that case, it is crucial to plan for medical coverage issues in the divorce settlement process or to request alternative arrangements if you no longer qualify for TRICARE after the divorce. An attorney knowledgeable about the complexities of TRICARE can help you explore viable options.

In Florida, spousal support—often called alimony—may be awarded in situations with a demonstrated need. Military families can experience additional factors affecting spousal support. For instance, if a spouse made professional sacrifices due to frequent relocations or an extended period accompanying the service member, it might create a greater need for support after divorce. On the other hand, a service member who faces prolonged deployments or dangerous assignments may argue that certain unique circumstances should affect how much spousal support is awarded. These determinations are fact-specific and require detailed evidence to demonstrate a need for or the ability to provide financial assistance. Our attorneys work diligently to put forward a strong case for fair spousal support, whether you are the spouse requesting it or the one who may be required to pay.

Survivor benefits, including the plan that can provide a continued payment to beneficiaries upon the death of a retired service member, can be another critical component of a military divorce. A spouse might assume they will remain the beneficiary if the service member dies. Still, specific designations must be included in the settlement documents in many cases. If these details are overlooked during the divorce process, it may become very difficult or even impossible to claim those benefits later. Consulting with an attorney who knows precisely how to handle survivor benefits can help both spouses secure peace of mind about potential future events.

At Adams, Luka, and Benton, P.A., we believe that education is key. We take the time to explain the intricacies of military divorce to our clients, ensuring you understand how issues like time-sharing, spousal support, pension division, and relocation may be resolved under Florida law. We also work with you to develop a strategy tailored to your objectives, whether that involves negotiating an amicable settlement or preparing diligently for litigation if a fair compromise proves elusive.

A divorce is never just about the separation of two people. The tension that often arises in divorce can affect children, extended family members, friends, and even entire communities. Our firm strives to help you resolve disputes and navigate the system with as little stress as possible. While you may be frustrated or angry, especially if your spouse is unwilling to negotiate, we aim to transform contention into collaboration whenever possible.

Our attorneys offer in-depth knowledge of federal statutes such as the Service Members Civil Relief Act, the Uniformed Services Former Spouses’ Protection Act, and Florida divorce law. We draw on significant experience to address the unique circumstances that military families encounter. We will advocate for your interests, working to protect your finances, your parental rights, and your future. We are deeply committed to ensuring you receive comprehensive representation and personal attention throughout your legal journey.

Some attorneys treat military divorce as identical to civilian divorce, but we are fully aware of the differences and ready to assist with those unique elements. Our approach is not only legally rigorous but also compassionate because we realize that for many military families, the added stress of deployment or frequent relocations can make the emotional toll of divorce even heavier. Whatever your circumstances, we will try to achieve a fair outcome for you and your children.

At Adams, Luka, and Benton, P.A., we proudly serve clients throughout Orlando and Central Florida. We welcome you to reach out for a consultation if you have questions about time-sharing, the division of military pensions and benefits, or how Florida divorce law interacts with federal statutes. Our attorneys bring knowledge and unwavering dedication to each case, no matter how complex. We stand ready to provide the guidance, advocacy, and personal attention you need at this challenging time.

If you want to learn more about how we can help you navigate your military divorce, we can be reached at 407-872-0303 or 352-357-4084 or through our online form. By turning to an experienced Orlando military divorce attorney, you can take proactive steps to safeguard your rights, protect your family, and set the stage for a more secure future. Our team is here to provide compassionate representation that accounts for the unique circumstances of military life, so you do not have to face this process alone.