Military divorces present unique challenges that distinguish them from civilian cases. Service members and their spouses must navigate jurisdictional issues, pension division, healthcare benefits, deployment-related custody conflicts, and compliance with federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). At SD Law Center, we provide legal strategies tailored to military families in San Diego and throughout California.
Jurisdiction is often the first hurdle. A military spouse may be stationed in one state, have legal residence in another, and the family may reside elsewhere. To file for divorce in California, at least one spouse must reside in the state for six months and in the county for three months. We help clients determine the most advantageous and legally proper venue.
The USFSPA allows state courts to divide military pensions as community property. However, the 10/10 rule—10 years of marriage overlapping 10 years of military service—must be met for direct payment from DFAS. Even if the 10/10 rule is not met, the pension may still be divided through the court. We use precise calculations, often employing a Time Rule formula, to ensure equitable distribution.
Without proper elections and court orders, a former spouse can lose SBP coverage. We make sure that if SBP is part of the agreement or judgment, timely and correct election is submitted to DFAS within the one-year deadline.
VA disability pay is not divisible in divorce, but it may affect spousal support calculations. Health benefits through Tricare depend on the length of marriage overlapping service (20/20/20 rule). We evaluate entitlement and transition plans for former military spouses.
Custody during deployment requires thoughtful planning. California courts may issue temporary modifications when a parent is deployed. Service members can request expedited hearings or delegate visitation rights to family members. We build strong parenting plans that address these scenarios upfront.
Q: What happens to my BAH and BAS in a divorce?
A: Basic Allowance for Housing (BAH) and Subsistence (BAS) are considered income for support calculations in California. These benefits can impact child or spousal support orders.
Q: Can a service member be held in contempt while deployed?
A: Courts may accommodate deployments under the SCRA, but service members must respond or request stays. Ignoring court orders without action can result in enforcement consequences.
Q: Is a military TSP (Thrift Savings Plan) subject to division?
A: Yes. Like a 401(k), the TSP is divisible in a divorce. We ensure QDRO-like orders are properly prepared for compliance.
Q: Can the court award retroactive support or reimbursements?
A: Yes. California courts may issue back support or Epstein/Watts reimbursements depending on exclusive use, income disparity, and prior agreements.
Q: Can I keep my ID card after divorce?
A: Only if you qualify under the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap). Otherwise, transitional benefits may apply.
Consider the case of an active-duty Marine stationed in Camp Pendleton who filed for divorce from his civilian spouse after 12 years of marriage. The couple owned a home in San Diego, had two children, and the Marine’s pension had vested. Our firm helped ensure the 12-year overlapping service was documented, the spouse’s share of the pension was accurately calculated, and SBP coverage was preserved post-divorce. We also negotiated a parenting plan that accommodated future deployments, including digital visitation and temporary visitation delegation to the Marine’s parents during active tours.
Q: Will my military divorce be delayed due to deployment?
A: It can be. The Servicemembers Civil Relief Act (SCRA) protects active-duty service members from default judgments. You may request a stay of proceedings until you are available to appear.
Q: How is child custody handled if I’m stationed overseas?
A: California courts prioritize the child’s best interest. If you’re stationed abroad, temporary custody can be granted to the other parent, but your parenting time can resume upon return. Virtual visitation may also be ordered.
The SCRA provides crucial protections to active-duty military members involved in legal proceedings, including divorce. One of the key provisions is the right to request a stay or delay of court actions if military duties prevent appearance. This ensures service members are not unfairly penalized or subjected to default judgments while deployed or otherwise unavailable. At SD Law Center, we leverage these protections to safeguard your rights and ensure a fair legal process.
Here’s how military divorce compares to a civilian divorce in key areas:
Jurisdiction:
Pension Division:
Custody During Deployment:
Health Benefits:
Legal Delays:
Q: How do California courts divide military pensions?
A: Courts use the Time Rule formula, which calculates the community property share based on the service member’s time in service during the marriage. This is then expressed as a percentage of the total pension to be divided.
Q: Can a non-military spouse collect retirement benefits directly from DFAS?
A: Yes, if the marriage overlapped with at least 10 years of military service (10/10 rule). Otherwise, payments may come from the service member.
Q: What legal documents should I prepare before a military divorce?
A: Collect LES statements, TSP balances, military orders, SBP details, marriage certificates, and any prenuptial/postnuptial agreements.
We proudly serve military families based at Camp Pendleton, MCAS Miramar, Naval Base San Diego, and beyond. Our attorneys have hands-on experience navigating complex benefit issues, overseas deployments, and custody schedules impacted by PCS orders. We are committed to protecting your military pension, health benefits, and parenting rights.