Military Divorce Law

Military Divorce Attorneys in San Diego

Serving San Diego, Escondido, Poway, Chula Vista, & Beyond

Military divorces for California residents and those stationed in California bases are subject to state and federal law. Often, this makes the divorce process difficult and can present challenges when determining things like child custody and support and how to divide retirement benefits and other military-specific assets. 

If you are an active duty servicemember, veteran, or spouse of a former or current servicemember, Shorb & Connor can help you strategize for and navigate your military divorce. Since 2011, we have represented individuals and families associated with all branches of the military and have the know-how to handle complicated, high-stakes legal matters. 

To find out what we can offer you, reach out to schedule an initial strategy session. During this meeting, we can explain the laws and regulations that impact your situation, outline what you can expect in your divorce, and detail the next steps for working with us.

Start with our trustworthy San Diego military divorce lawyers by calling (619) 330-0938 or connecting with Shorb & Connor online

Determining Where to File for Military Divorce 

In general, you file for military divorce where you live, but this can be complicated if you and your spouse live in different locations. Many states do not have a residency requirement for servicemembers, allowing you to file for divorce where you are stationed, regardless of how long you have lived there. This is true of California. 

Choosing to file in California or another state could impact the outcome of your divorce, as the filing state’s laws will govern how you divide property, determine child and spousal support, and reach a custody/visitation arrangement. In a complimentary strategy session at Shorb & Connor, you can get information about what filing for divorce in California would mean for your and your family’s situation. 

What Is a Military Spouse Entitled to In Divorce?

In California, military divorces involve specific considerations regarding the division of military pensions and benefits between ex-spouses. We offer details below about how pension funds and benefits may be divided. 

Pension Division 

The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement funds as property subject to division in divorces. The USFSPA does not provide specific details for how to divide retirement pay. However, it does state that the division must not exceed 50% of the pension. 

Retaining Military Benefits 

The 20/20/20 Rule

Former spouses of military servicemembers are entitled to full military benefits if:

  • The marriage lasted at least 20 years
  • The servicemember had at least 20 years of credible service
  • At least 20 years of the credible service overlapped with 20 years of the marriage
  • They remain unmarried until age 55

The 20/20/15 Rule

Former spouses of military servicemembers are entitled to transitional military medical benefits but not to military exchange benefits or commissary privileges if:

  • The marriage lasted at least 20 years
  • The servicemember had at least 20 years of credible service
  • At least 20 years of credible military service overlapped with 15 years of marriage

Benefits for Children

Children of servicemembers, including unmarried and stepchildren, retain full military benefits until age 22 or until they get married.

Child & Spousal Support in Military Divorce 

Child and spousal support in a military divorce are calculated almost the same as in civilian divorces. However, there is one key exception. The law states that the combined amount for child and spousal support must not exceed 60% of a servicemember’s pay and benefits.

Why Choose Shorb & Connor?

Your Legal Challenges, Our Commitment
  • Compassionate Representation

    Our family law firm is dedicated to providing compassionate support. We understand that family law matters are deeply personal, and we are here to listen and offer empathetic guidance every step of the way.

  • Strategic Focus
    We offer a comprehensive strategy for your case, not just a checklist of deadlines and steps. Our goal is to provide a clear, actionable roadmap that aligns with your objectives and leads to the best possible outcomes.
  • Work Directly With Your Attorney
    From the moment you contact us, you will speak directly with an attorney. This ensures that your concerns are immediately addressed by a knowledgeable professional, setting the stage for effective representation.
  • Personalized Goal Setting
    We believe in a collaborative process. By sitting down with you, we identify your objectives and outline a clear plan and strategy to achieve them, providing you with a sense of direction and control.
  • Free Consultations
    Initial consultations are free of charge, providing an opportunity to discuss your case with an attorney without financial obligation.
  • Holistic Approach to Family Law
    We understand the myriad of factors that can impact your case and have the experience to address them all comprehensively.

Turn to Shorb & Connor with Your Divorce Case

For advice, advocacy, and a legal strategy you can trust as you navigate the complexities of a military divorce, count on our firm. We have partnered with numerous individuals and families in all kinds of family law cases and worked to achieve fair and amicable outcomes. Divorce is often difficult and taxing, especially for servicemembers, veterans, and their spouses. You can count on us to do everything possible to ease the process and see that you are prepared at every step along the way. 

Schedule an initial strategy meeting with our San Diego military divorce lawyers by calling (619) 330-0938 or reaching out to us online.

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