How is Property Divided in a Military Divorce?

Divorce is one of the most stressful experiences that a human being can go through. Being involved in the military, or being married to someone who has served, can be an additional complicating factor.

California is what’s known as a community property state. This means that any asset that has been acquired during a military marriage will be divided equally in the event of a divorce. 

These assets may include property, bank accounts, and vehicles. There are also military-specific assets, such as the service member’s military pension, VA Disability, and Survivor Benefit Plan.

Jurisdiction in Military Asset Division

The military-specific assets can be divided equally during divorce as long as the court has the proper jurisdiction to do so. 

The military spouse must either legally reside in the state (in this case, California) or give consent. Consent does not need to be expressed verbally or in writing – the court will assume consent if the military spouse participates in the divorce proceedings in a state they do not reside.

Being stationed in California is not enough to qualify for residency. An individual must spend more than nine months in the state for any taxable year.

The 10/10 Rule

The 10/10 Rule applies to couples who have been married for at least ten years, during which the military service member served for at least ten years.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) helps to ensure that the former spouse receives a portion of their military ex-spouse’s retirement payment. In most cases, the former spouse must receive these payments directly from their military ex-spouse, which can cause complications.

However, in a military divorce case where the 10/10 Rule applies, the military ex-spouse is removed from the equation. The court will instead order that the former spouse will receive the retirement payments they are owed directly from the Defense Finance and Accounting Service (DFAS). This ensures that the money is received on time and without stress.

The percentage of retirement pay that the former spouse will receive from their military ex-spouse’s retirement fund depends on how much the couple was earning during their marriage. The 10/10 Rule limits this amount to 50% of the military ex-spouse’s disposable retirement payment, excluding:

• Overpaid contributions to the government
• Payments the military ex-spouse declined in favor of receiving VA disability benefits
• Premiums the military ex-spouse was already receiving from the Survivor Benefit Plan
• Court-martial ordered forfeitures

Finding the Right Military Divorce Attorney for You in California

The Law Office of Laurence J. Brock understands that nothing is more personal than family law. We have extensive experience, compassionately resolving thousands of complex family law cases. We know how scary it can be to involve the law in your personal life, and we are here to help.

Call the Law Office of Laurence J. Brock today at 909-466-7661 to see what we can do for you.