Military divorces can be complex, particularly when several kinds of assets are involved. Divorce is a difficult experience, and it is often made more complex by overlapping regulations concerning the effect it may have on the benefits of servicemembers. You may find yourself wondering, “How are military benefits divided in a divorce in Lemoore, CA?”
At Chase Family Law, Brian N. Chase has been working with the people of California to represent their interests for over thirty years. He is an experienced litigator, having assisted clients in both civilian and military divorces across a wide range of circumstances. Mr. Chase is widely recognized as a leader in his field, and he is a certified Family Law Specialist in Kings County.
With over 150 thousand active servicemembers in California, military divorces are not uncommon. Lemoore divorce laws align with state and federal regulations. Military divorces in California follow the state’s community property approach. Therefore, any assets acquired during a marriage are considered community property, so they are divided evenly between the two after a divorce.
Assets considered community property include any owned real estate and other property, bank accounts, businesses, and retirement funds. The state also recognizes separate property, which includes:
Such items are not subject to division by the courts, so they are retained by the individual spouses.
Under the Uniformed Services Former Spouses Protection Act (USFSPA), former spouses may enjoy certain retirement benefits, such as medical, commissary, and exchange privileges, administered through the Defense Finance and Accounting Service (DFAS) if certain criteria are met. These are articulated in the “20/20/20” and “10/10” rules.
If neither of these rules is met, then retirement funds and associated assets fall to the state courts, which will divide the assets along community property regulations.
While state laws are applied to military divorces, California does recognize the unique nature of military divorces. Therefore, the state provides certain guarantees to the servicemember during divorce proceedings. Rather than affecting civilian calculations for alimony and child support payments, California law prohibits payments from exceeding 60% of a servicemember’s income.
Typically, state courts may divide what is known as the “Disposable Retirement Pay” in military divorce cases. This is the gross pay of a servicemember’s retirement after critical funds have been withheld. Withheld funds include court-martial fees, overpayment recoupments, Survivor Benefit premiums, and VA disability waivers. These are not typically subject to community property division under Lemoore military divorce laws.
One exception to this is where a servicemember has Concurrent Retirement and Disability Pay (CRDP). This occurs when they have a disability rating of 50% or more and receive full pay without offset. In this case, a CRDP may be subject to division by the state.
Chase Family Law has been proudly assisting our military servicemember community for years, guiding and representing them throughout their divorce proceedings. With extensive experience in federal and state laws, Brian N. Chase provides a range of services as a military divorce attorney, including:
He can provide robust advocacy on your behalf throughout the entire divorce process.
Typically, in a military divorce, a spouse is entitled to the same division of assets as would apply to a civilian divorce in California. This falls under the community property rule, by which all assets acquired during a marriage are to be divided between spouses. Under USFSPA, there are certain exceptions to this concerning issues of retirement pay.
In California, USFSPA allows the state to divide retirement pay at its discretion. If the spouse has full or partial entitlements under the “20/20/20” or “10/10” rule, then division is handled under DFAS. If not, retirement pay falls under the California courts, which apply community property guidelines, the same as they would in civilian divorces.
Spousal support is calculated in military divorces by considering pay disparities between the two spouses. Typically, the higher-wage-earning spouse is responsible for making payments to the lower-wage-earning spouse. This can be compounded if the disparity is great and there have been periods of unemployment. In California, there is a cap on alimony payments at no more than 60% of a servicemember’s pay.
Typically, no. Military disability payments are deducted from “Disposable Retirement Pay,” so they are generally not subject to division in a divorce. The exception to this is if a servicemember has a CRDP. In this case, the compensation may fall outside the payments withheld in “Disposable Retirement Pay,” so they may be subject to division by California courts.
With nearly 20% of Lemoore’s population having experienced a divorce, it is never too early to hire a knowledgeable attorney to provide advocacy and guidance during a divorce. Whether you have just entered divorce proceedings, are in the process of litigation, or simply need information, Chase Family Law can assist you. Contact us today to learn how we can help.
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