Military servicemen and women involved in a divorce face a unique situation. Because military benefits are often subject to division, federal laws come into play when dealing with how these benefits are to be split. At the Burch Shepard Family Law Group, our military divorce lawyers understand the military and federal laws that apply to military divorces and the division of military benefits. Our firm has a great deal of experience working with servicemen and women and has represented both sides, the military and non-military individuals, during a divorce.
Division Of Military Benefits in California Divorce
Our attorneys understand the complexity of military family law issues and can provide the guidance to effectively make decisions about your legal issues. Since the division of military benefits upon a divorce is governed by military and federal law, the usual California state guidelines do not apply.
Some of the elements used to determine the division of military benefits include:
- Length of the marriage: The longer a marriage goes, the more rights the non-military spouse has to the military benefits.
- The date of dissolution: Per military and federal law, the date of dissolution is the date that is considered the end of the marriage, which is different from California law. California law considers the date of separation the end of the marriage.
- Service record of the military member
- Civil Relief Act: Under the Civil Relief Act, the member of the military is guaranteed certain procedural rights in the event that the soldier is stationed overseas.
- Residence and jurisdiction issues: If either party is a resident of another state, there may be jurisdictional issues that complicate the case.
- Types of benefits: Retirement, pension, medical and other benefits may be divided in different ways.
Learn more about military benefits and divorce from an attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online. We serve clients throughout Orange County, California, and beyond, including the cities of Santa Ana, Dana Point, Mission Viejo and Newport Beach, among others.