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How Are Military Benefits Divided in a Divorce in California?


For those in the military getting divorced in California, it's important to understand how your benefits will be divided during the divorce process. Military benefits are awarded to service members who have served their country. Military benefits include everything from health insurance options to pension plans.

In a divorce, military benefits can be subject to property division between spouses and this blog post provides an overview of how that works in California. Our goal is to provide information about what divorcing military members should expect to happen regarding military benefits during the divorce process in California, so they feel informed and empowered when making decisions about their financial futures.

Overview of Division of Benefits in a Military Divorce in California

When couples get divorced, dividing assets, such as property, money, and investments, can be complicated. It's particularly challenging when military benefits are involved. In California, the division of benefits in a military divorce is governed by federal and state laws. The Uniformed Services Former Spouses' Protection Act, or USFSPA, is a federal law that allows state courts to divide military retirement pay, healthcare benefits, and other benefits in a divorce.

In addition, California is a community property state, which means that most assets acquired during a marriage are considered community property and must be divided equally between spouses. When it comes to military benefits, this is particularly important because healthcare and retirement benefits can be a substantial part of a service member’s compensation package. Understanding how the law handles the division of military benefits in a divorce can help spouses navigate the process and ensure that they receive a fair and equitable outcome.

What Types of Benefits Can Be Divided in a Military Divorce in California?

Military divorce in California involves unique considerations that should be handled with care. One important aspect is the division of benefits. Military benefits can be quite significant, so it's essential to determine who gets what. Military benefits may include but are not limited to the following:

  • Health care
  • Retirement pay
  • Survivor benefits
  • Housing allowances

Dividing these benefits can be complex, and it often requires the assistance of an experienced attorney. In California, community property laws apply, meaning that any military benefits earned during the marriage are subject to division. The goal is to come to a fair and just agreement between both parties involved.

How Are Living Expenses Handled During the Divorce Process for Members of the Military?

Divorce is never easy, but it can be especially complicated for members of the military. One of the many issues that arise during divorce proceedings is how living expenses will be handled. When a service member is going through divorce, they must still provide for their family while covering their own living expenses. This can put a great deal of strain on divorcing service members because they must balance the financial needs of their family with their own financial obligations.

In many cases, military pay is the primary source of income for both the service member and their family, which can make things even more difficult. However, there are resources available to help military members navigate the complex financial issues that come with divorce. With the right support, it is possible for military families to emerge from divorce with their financial well-being intact.

To learn more about divorces involving members of the military in California, call Arnold Law Group, APC at 559.900.1263 or reach out to us online today to schedule a confidential consultation with our military divorce attorneys in Fresno.

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