San Bernardino Division of Military Retirement Benefits Lawyer

Protecting Your Rights in Military Divorce Cases

Divorcing a military spouse involves unique legal challenges, especially when it comes to the division of military retirement benefits. Unlike civilian divorces, military divorce cases must follow specific federal and state laws that govern military pensions, child custody, and support.

At The Law Office of Laurence J. Brock, our experienced attorneys assist service members, former spouses, and military spouses in San Bernardino County with navigating the complex legal process. Whether you are dealing with asset division, residency requirements, or the enforcement of court orders, we are here to help protect your financial and legal interests.

How Military Divorce Differs from Civilian Divorce

Military divorce cases require careful attention to both California family law and federal laws such as the Former Spouses Protection Act. Some of the most important differences include:

Division of military pensions – Federal law allows states to divide military pensions as marital property, but only under certain conditions.
Jurisdiction issues – A military member’s duty station, home of record, and residency requirements all play a role in determining where to file for divorce.
Child custody and support – The best interests of the child remain the priority, but factors like deployment and relocation can complicate custody agreements.
Spousal support – The length of the marriage and the military service period impact spousal support and benefits eligibility.

Understanding these key differences can help ensure that both service members and former spouses receive fair treatment during divorce proceedings.

Division of Military Retirement Benefits in California

One of the most complex aspects of a military divorce is the division of military benefits, particularly retirement pay. The Uniformed Services Former Spouses Protection Act (USFSPA) allows states to treat military pensions as community property. However, there are strict requirements regarding how and when these benefits can be divided.

Key factors include:

The 10/10 Rule – If the marriage lasted at least 10 years and overlapped with 10 years of military service, the Defense Finance and Accounting Service (DFAS) may pay the former spouse directly.
The 20/20/20 Rule – A former spouse of a military member who served at least 20 years while married for 20 years may retain full military benefits, including healthcare.
Proper documentation – Court orders must clearly outline the division of military pensions to ensure compliance with DFAS guidelines.

Because military retirement benefits are often one of the most valuable assets in a divorce, working with a lawyer who understands military pensions and California family law is critical.

Legal Considerations for Military Spouses and Former Spouses

The division of military pensions and benefits can significantly impact both military members and former spouses. The spouse protection act ensures that eligible former spouses receive a portion of military benefits, but this depends on factors such as the length of the marriage and whether the spouse remarries.

Additionally, active duty service members have protections under the Servicemembers Civil Relief Act (SCRA), which can delay divorce proceedings or enforcement actions while they are deployed. Understanding these laws is essential for securing a fair outcome in military divorce cases.

Child Custody and Support in Military Divorce Cases

Military service can make child custody arrangements more complicated, particularly when deployment or relocation is involved. Courts in San Bernardino County will always prioritize the best interests of the child while considering factors such as:

The stability of the child’s home environment
The military parent’s ability to maintain contact and visitation
The impact of relocation on the child’s well-being

Child support calculations follow California state guidelines, but military members’ income, including housing allowances and special pay, may be factored into payment amounts.

Why You Need an Experienced Military Divorce Lawyer in San Bernardino

If you are going through a military divorce in San Bernardino, working with a lawyer who understands both California family law and military-specific regulations is crucial. At The Law Office of Laurence J. Brock, we help clients navigate complex legal issues, including:

Division of military pensions and benefits
Child custody and support disputes
Enforcement of court orders for military spouses and former spouses
Property division and asset protection
Filing for divorce while stationed in or out of California

We are committed to helping our clients achieve fair outcomes while protecting their financial and parental rights.

Contact a San Bernardino Military Divorce Lawyer Today

Learn more about how a San Bernardino Division of Military Retirement Benefits Lawyer can assist with the division of military retirement benefits in California. Call The Law Office of Laurence J. Brock at (909) 466-7661 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you navigate your military divorce with confidence.

San Bernardino Military Divorce FAQs

How is a military pension divided in a divorce?

Under the Former Spouses Protection Act, military pensions can be treated as marital property and divided in a divorce. California courts determine how much a former spouse may receive based on the length of the marriage and overlapping military service.

What is the 10/10 rule in military divorce?

The 10/10 rule states that if a couple was married for at least 10 years while the service member was in the military for at least 10 years, the former spouse may receive direct retirement payments from DFAS.

Can a military spouse receive benefits after divorce?

A military spouse may be eligible for continued benefits under the 20/20/20 rule if they were married for at least 20 years, overlapping with at least 20 years of military service.

Does deployment affect child custody?

Yes, deployment can impact custody arrangements, but courts prioritize the best interests of the child. Military parents can seek temporary custody modifications to accommodate their service obligations.

Do I need a lawyer for a military divorce?

Yes, military divorce involves complex laws regarding military benefits, pensions, and custody. An experienced attorney can help ensure you receive a fair outcome and that all legal requirements are met.