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Divorce can be challenging for any family, but military families face unique complexities. At Family Law Matters, we understand the emotional toll a military divorce can take. It can feel like your entire world is shifting. Acting quickly to protect your rights can secure your future and prevent unexpected hardships.
Balancing military service with spousal support, child custody, and dividing military benefits can feel overwhelming. Don’t let these challenges control your life—take proactive steps to protect your interests.
Military divorces demand a deep understanding of both state family law and federal military regulations. The stakes are high, and a single mistake could have lasting consequences.
At Family Law Matters, we guide military families through complex issues like benefits, spousal support, and child custody. With our help, you can face this difficult time with confidence.
Our team knows the challenges faced by military families in Murrieta. We fight to ensure your rights are protected and help you achieve a fair outcome. Every moment counts—act now to secure the future you and your family deserve.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) One of the most critical aspects of military divorce is the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs the division of military pensions.
Under the USFSPA, California courts can treat military retirement pay as community property, subject to division during a divorce. This can have a significant impact on both spouses, and it’s essential to understand your rights under this federal law.
Survivor Benefit Plan: Another consideration is the Survivor Benefit Plan, or SBP, which arranges for the survivor to continue in perpetuity to have income upon the death of the military retiree.
In the divorce negotiations, decisions need to be made about whether or not the former spouse will remain the beneficiary of the SBP, an issue with long-term financial implications, and we make sure our clients understand all of their options.
Tricare Health Benefits and Other Benefits: The military divorce will be affecting Tricare health benefits. The spouses are no longer qualified after a divorce for the benefit entitlements of Tricare; the length of the marriage, however, as well as the military service applies to the exceptions.
We help our clients navigate through all these policies to ensure they receive all the health benefits they are entitled to.
When you choose us, you can expect:
We know how personal and impactful family law issues can be. That’s why we’re committed to:
If you’re in need of caring, compassionate help with your divorce or family law case in Murrieta, CA, we’re here for you. Contact us to start the conversation.
Military service can complicate child custody arrangements, especially when deployment is involved. Courts in California consider the best interests of the child, but deployment can make it difficult for service members to maintain regular visitation or custody schedules.
In cases where a parent is deployed, California courts can issue temporary custody orders that protect the service member's parental rights while ensuring the child’s stability. These orders can be adjusted upon the service member’s return, allowing them to resume their parenting role.
Creating a flexible and realistic parenting plan is crucial for military families. This plan should account for potential deployments, relocations, and changes in the service member’s schedule. Our attorneys work with clients to develop parenting plans that prioritize the child’s well-being while accommodating the unique demands of military life.
The calculation of spousal and child support in military divorces follows the same guidelines as civilian cases, but there are additional factors to consider. Military pay structures, including basic pay, housing allowances (BAH), and other entitlements, are taken into account when determining support payments.
In addition to dividing military pensions, other benefits such as the Thrift Savings Plan (TSP) and bonuses may also be subject to division. It’s essential to understand how these benefits will be divided to ensure a fair distribution of assets.
To file for divorce in California, one spouse must meet the residency requirement of living in the state for at least six months.
However, military members stationed in California can file for divorce in the state even if they don't meet the residency requirement, provided they are stationed here.
Serving divorce papers to a military spouse can be more complicated, especially if they are on active duty or deployed. The Servicemembers Civil Relief Act (SCRA) provides protections for service members, allowing them to delay court proceedings if their military service prevents them from responding to legal action.
Whenever possible, we encourage our clients to pursue negotiation or mediation to resolve disputes amicably. This approach can save time, reduce legal costs, and help preserve relationships.
However, if litigation becomes necessary, our team is prepared to advocate aggressively on behalf of our clients.
The USFSPA gives California's courts the jurisdiction to consider military retirement pay as community property and, therefore, divisible. Division is, however, dependent on the length of marriage and military service overlap.
Does a former spouse have access to health benefits after a military divorce?
Entitlement to Tricare health benefits depends upon length of marriage and time in service by the service member. The 20/20/20 rule allows spouses who were married for at least 20 years, with at least 20 years of overlapping military service, full benefits.
Deployment can make custody more difficult to determine. Most courts issue temporary orders that maintain the service member's rights while giving stability to the child. Temporary orders are revisited when the deployment of the service member ends.
Yes, the division of military retirement has included decisions about the Survivor Benefit Plan. The former spouse can continue as a beneficiary, but that decision must be negotiated at the time of the divorce.
Military divorces require an added level of expertise in family law and military regulations. Here at Family Law Matters, we understand those special challenges that put military families into a category of their own when the time for divorce arrives.
Our attorneys offer personalized support with legal issues to ensure that your rights are protected and that you get a fair and favorable outcome.
From military benefit division to issues of child custody that may arise during deployment to spousal support negotiations, we're here to take you through it.
For the best possible representation concerning your military divorce in Temecula, contact us today for a consultation and to learn how we can help you.
27307 Via Industria, K-1
Temecula, CA 92590
