California Military Divorce

The simple answer is yes. If the military deploys your spouse overseas, you can still pursue and finalize a divorce. However, there is a law in place that offers some complications to the process, the Servicemembers Civil Relief Act (SCRA). This is a federal act and...

Divorce is common in military marriages. In fact, one report shows a divorce rate of 4.8% among military couples. This rate is high, especially compared to the 2.5% among civilians. This suggests that military couples should openly discuss divorce. In addition to discussing divorce, it’s necessary to talk about its practical issues. These include visitation rights, spousal support and, notably, property division. It’s important for military personnel to know the specifics of asset division. This can help avoid surprises when ending a marriage. Divorce and dividing assets in California In California, community property rules apply. This means that both spouses own everything they buy or get during marriage. The same rule applies in the event of a divorce. Each spouse gets an equal share. This applies to all assets, including military benefits. Here are the main types of assets divided in a military divorce: Retirement benefits: Military personnel’s pensions are community property per state law. The non-military spouse may get some of these benefits. However, this depends on how long the marriage lasted and how it overlapped with military service. Survivor benefit plan (SBP): If the military spouse joins the SBP, the court may divide these benefits. During divorce negotiations, […]

There may be a multitude of individuals who rely on Social Security benefits to achieve financial health after entering retirement. There are a variety of factors that may determine the amount of monthly benefits you will receive via this program, and knowing how to make the most of your benefits can be essential, yet complex at times. If you are divorced, there is a chance that you might be eligible to receive benefit payments based on your ex-spouse’s California work history, and this amount could be the higher option at times. Knowing how to tell if you are eligible for such an option could be integral to preparing to take steps to protect your financial future. Divorced spouse benefits Experts indicate that there are several requirements that may determine your eligibility for divorce spouse benefits via Social Security, some of which include: Marital status: It may be helpful to know that you may only be eligible to receive benefits from an ex-spouse if you did not enter another marriage after divorcing this party. Ex-spouse’s benefits: Experts also indicate that you may only be eligible to receive divorced spouse benefits if your ex-spouse is currently receiving benefits via Social Security or […]

There are many U.S. military servicemembers in California, especially at Camp Pendleton near San Diego, which is one of the largest marine corps bases in the country. Married couples with one or both spouses serving in the military often have unique challenges in their relationships. Some may decide to file for a divorce, in which case the military family care plan may be helpful, particularly regarding child custody issues. The military family care plan typically contains a list of instructions pertaining to childcare when a military parent is deployed on active duty away from home. If the parent in question is going through a divorce, details regarding child custody may be incorporated into the family care plan. For instance, if the military parent is the custodial parent, another person may be designated to fulfill this role while the parent is serving a deployment, even if that person is someone other than the noncustodial parent. Child custody litigation must be put on hold during deployment If the family care plan is incorporated into the child custody agreement that is incorporated into a former couple’s divorce, both parents must adhere to the terms. If a parent is deployed, the other parent may […]

If you’re a California spouse who also happens to be a member of the U.S. armed forces, it’s logical to assume that you’re no stranger to facing unexpected changes in life. Especially if you’re also a parent, you’re no doubt experienced at having to change plans at the last minute or finding ways to balance family life with military duties. You might also be one of many military servicemembers whose marriage didn’t hold up well to the pressure, so that now, you’re headed for a divorce. You might be serving a deployment when you make your final decision to file for divorce. You understand that your decision is going to disrupt your family life, particularly for your kids, and you want to make the transition as painless as possible. Filing the petition is the first step in the process, which may raise a question in mind as to where (as in, which state?) you should file your paperwork. It’s not uncommon to live in numerous states within several years As a military family, you may have already moved from state to state during your years of service. Perhaps you and your spouse were born and raised in the same state […]