Florida Military Divorce Lawyer
Last updated on April 10, 2025
Proudly representing military service members and their families, the legal team at McCauley Law Offices, P.A., can capably address the unique issues for service members in matters of divorce and family law. We regularly represent Air Force and Navy personnel (active duty and retired) from Tyndall Air Force Base (AFB), the Naval Coastal Systems Station, and the Naval Support Activity Panama City, as well as their civilian spouses.
Panama City lawyer Carroll L. McCauley III has extensive experience in the family courts of Bay County and surrounding jurisdictions. Legal assistant Judy Peter brings 20 years of focused knowledge in family law and is married to a service member. Our understanding of the relevant factors enables us to anticipate conflicts, protect your interests and favorably resolve these matters.
Ask About Our Military Discount
McCauley Law Offices, P.A., proudly represents the men and women of the U.S. Armed Forces, and offers discounted rates to active duty personnel.
Put Our Seasoned Legal Judgment In Your Corner
The primary focus of our firm is divorce and family law. In addressing assets, debts, spousal support, child custody and child support, we can advise clients on their rights and strategies relating to military pay and benefits and military retirement division:
- Military pension
- Thrift savings plan (TSP)
- Survivors’ benefit plan (SBP)
- Basic allowance for housing (BAH)
- Basic allowance for sustenance (BAS)
While a “military divorce” is in fact handled in the civilian family courts, our legal team is attuned to specific considerations and federal protections that apply to military personnel. For example:
- Civilian spouses are entitled to a share of military pension benefits, based on overlapping years of marriage.
- Military benefits like BAH and BAS are not taxable, which may affect support levels and property settlements.
- An airman, sailor or officer who is deployed abroad can delay divorce or custody proceedings under the Servicemembers Civil Relief Act.
You Can Turn To Us For Help
Our firm understands the unique issues facing members of our military. When it comes to your divorce, you want to know that the attorney handling your case has been down this road before.
We have. Further, we take the time necessary to understand the unique facts of your case. Many times, those facts can make the difference in crafting a legal strategy responsive to your needs.
We also already hold necessary knowledge about unique military rules and proceedings. As a result, we can often save our clients time and money.
Frequently Asked Questions About Military Divorce
Here are answers to common questions we receive from service members and their spouses. For specific guidance about your situation, we invite you to schedule a consultation with our office.
What are the unique challenges of a military divorce?
Military divorces come with distinct challenges that affect every aspect of the process. When service members are stationed overseas, even determining which court should handle the divorce can become complex. Beyond jurisdiction, military families face specific hurdles that civilian couples typically do not encounter:
- Deployment impacts on custody and parenting plans
- Tax-free military allowances affecting support calculations
- Frequent relocations between duty stations
- State-specific rules for military pension division
Additionally, military divorces must account for unique factors like permanent change of station (PCS) orders, temporary duty assignments (TDY) and the impact of service-connected disabilities on support obligations. Our years of working with military families have taught us how these elements interact and affect divorce outcomes.
How does the Servicemembers Civil Relief Act (SCRA) affect a military divorce?
The SCRA offers important protections for active duty service members during legal proceedings. It lets service members postpone divorce proceedings while on active duty and for up to 60 days following active duty. This keeps military obligations from putting service members at a disadvantage in civil legal matters. However, this act does not stop a spouse from filing for divorce – it simply gives the service member time to properly respond and take part in proceedings.
How can I protect myself in a divorce as a military spouse?
Whether you are the service member or the civilian spouse, knowing your rights makes a big difference. Military spouses may qualify for continued health care coverage, commissary privileges and a portion of retirement benefits under the Uniformed Services Former Spouses’ Protection Act (USFSPA). We help identify all eligible benefits and address them properly in the divorce settlement, including considerations for survivor benefit plans and military pension division.
How is military retirement pay divided in a divorce?
Military retirement pay division follows specific federal guidelines under the USFSPA. The civilian spouse may receive up to 50% of the retirement pay that was built up during the marriage. The exact percentage depends on factors like length of marriage, overlap with military service and state laws. We help clients understand their rights regarding the military pension division, and work with the Defense Finance and Accounting Service (DFAS) to implement any agreed-upon division.
Serving Those Who Serve Our Country
If you are retired military living in Bay County or currently stationed at the air base or naval station, McCauley Law Offices, P.A., welcomes you to arrange a consultation. Call our Panama City military divorce attorney at 850-299-4070 or email us.