Going through a military divorce in Florida? Whether you’re an active service member or the spouse of one, divorce can become more complex when military benefits, pensions, and entitlements are involved. Understanding your rights and responsibilities under both Florida and federal law is key to protecting your future.
At Cooper & Cooper, P.A., we proudly serve military families in Duval, Clay, Nassau, St. Johns, Baker, and Putnam Counties, including Jacksonville, Orange Park, Fleming Island, Middleburg, Green Cove Springs, Amelia Island, Fernandina Beach, Yulee, St. Augustine, Ponte Vedra Beach, Macclenny, and Palatka.
Here’s what you need to know:
What is the 10/10 Rule in Military Divorce?
A common myth is that spouses must be married for 10 years to receive part of a military retirement. This is not true.
The 10/10 Rule only affects how payments are processed—not whether benefits are awarded:
- ✔️ 10+ years of marriage and 10+ years of military service overlap = Direct payment from DFAS (Defense Finance and Accounting Service)
- ❌ If not met, the military member must pay the former spouse directly
👉 Bottom Line: Florida courts can divide military retirement even if the 10/10 Rule doesn’t apply.
What is the 20/20/20 Rule in a Military Divorce?
This rule applies to continued military benefits after divorce. If:
- ✔️ Married 20+ years
- ✔️ 20+ years of creditable military service
- ✔️ 20+ years of overlap between marriage and service
Then the former spouse keeps:
- ✅ TRICARE health coverage (if unmarried)
- ✅ Commissary & base exchange access
- ✅ Military ID and base privileges
⚠️ Remarriage permanently ends these benefits.
What is the 20/20/15 Rule?
If a couple has 15+ years of overlap, but not 20:
- ✅ The former spouse receives TRICARE for one year post-divorce
- ❌ No base or commissary privileges
- ❌ Must secure private insurance after TRICARE expires
How is Military Retirement Divided in Florida?
Florida uses the marital fraction formula to divide military pensions. A portion of the service member’s retirement earned during the marriage is considered a marital asset.
To ensure compliance, the court requires a:
- 📄 Military Pension Division Order (MPDO) or Qualified Military Order (QMO)
❗Note: This is not the same as a QDRO (used in civilian pensions).
What is the Survivor Benefit Plan (SBP)?
The SBP provides income to a surviving former spouse after the military member’s death. To receive this:
- ✅ It must be requested in the divorce decree
- ✅ Only one person (current or former spouse) may receive the benefit
- ✅ It ensures continued income even after retirement ends
Is VA Disability Pay Divided in Divorce?
No. VA disability compensation is not divisible in divorce under federal law.
However:
- ⚠️ If a retiree waives retirement pay to receive disability benefits, it can reduce the former spouse’s share
- ✅ Florida courts may order indemnification payments to protect the spouse’s intended portion
Key Takeaways: Military Divorce & Retirement Benefits
✅ Military retirement is divisible even without the 10/10 Rule
✅ 20/20/20 spouses keep lifetime TRICARE and base access
✅ 20/20/15 spouses get 1 year of TRICARE coverage post-divorce
✅ Survivor Benefit Plan must be requested in the divorce
✅ VA disability pay is not split—but may require financial offsets
✅ An MPDO or QMO is required to divide military pensions properly
Need Help with a Military Divorce in Northeast Florida?
📌 Meet our attorneys experienced in military family law
At Cooper & Cooper, P.A., we understand the emotional and legal complexities of military divorce. From retirement division to TRICARE benefits, we’re here to help you protect your rights and your future.
We proudly serve clients in Duval, Clay, Nassau, St. Johns, Baker, and Putnam Counties, including military families at NAS Jacksonville, Mayport, and throughout Northeast Florida.
📞 Call (904) 717-2327 for a FREE 30-minute consultation
🌐 Visit us at: www.coopercooperpa.com