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How Military Divorces Are Different
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California Military Divorce Attorneys

How is military divorce different than civilian divorce?

There are a few factors that may affect active military personnel and their spouses in the event of a divorce. If a spouse is stationed permanently overseas or on deployment to an out of country area, divorce proceedings may take longer than a civilian divorce. The Uniformed Services Former Spouses' Protect Act (USFSPA) declares federal statutes regarding child support, child custody, spousal support and payment and pension acts for retired personnel. In some states, military spouses will see some retirement pay added into their spousal support, as most states recognize this as property.

Receiving Military Benefits

After a divorce from a military spouse, you are not automatically guaranteed to receive all military benefits. There are some regulations and rules that you must first meet in order to receive military benefits. If your ex-spouse has served in the military for at least ten years and the service overlaps with at least ten years of marriage, you will be eligible to receive benefits. Depending on the state in which you file for divorce, the amount of time married may be judged slightly differently. The maximum amount of compensation an ex-spouse can receive is no more than 50% of the retirement pay.

Cutter & Lax - Experienced Military Divorce & Family Law Lawyers

If you are couple looking to dissolve your marriage and when of you are active military, it is imperative you work with an attorney who can guide you through the legal process. At Cutter & Lax, you can rely on our experience and devotion to assisting families through these troubling times. We provide free case evaluations to all potential clients. We have offices conveniently located throughout Southern California to assist you and your family and proudly serve all branches of the military. Contact us today to schedule your free case evaluation and to speak with an attorney regarding your particular situation.

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