Military Divorce Attorneys in San Luis Obispo, CA
If you’re a military spouse or service member looking for a divorce settlement, you should know that military divorce comes with its own complexities. While getting divorced follows the same process whether you’re in the military or not, there are certain issues in a military divorce that will affect your military divorce proceeding.
For example, some residency requirements may differ in a military divorce. In addition, there are certain considerations in getting divorced with a service member (such as healthcare coverage and pension) that require the help of an experienced military divorce lawyer to adequately prepare for.
Unique challenges arise when a military family divorces. Understanding the complexities of a military divorce will help you make more informed decisions and achieve more equitable results. Reach out to our San Luis Obispo military divorce attorneys today to get quality legal assistance in your military divorce case. To learn more about divorce and family law, don’t hesitate to consult our reliable San Luis Obispo family law attorneys.
The Legal Aspects of Military Divorce
Divorce is only the beginning of a shift that you must successfully navigate for the sake of all parties involved. Learning how the process of filing for military divorce works can help you and your family not just save time and money but also overcome mental stress.
Military divorce attorneys can assist you with the legal issues of your divorce and help you and your spouse understand the legal aspects of the situation. San Luis Obispo military divorce attorneys can also provide assistance in:
- Letter writing
- Revising and reviewing legal paperwork
- Filing income taxes
- Child Custody Cases
- Servicemembers Civil Relief Act
How to Determine Child Support in a California Military Divorce
California state law determines the child support amount in a divorce. Children of service personnel are expected to receive sufficient child support. For assistance with child support proceedings, contact a reliable San Luis Obispo military divorce attorney.
The Department of Defense’s Family and Military Affairs Service Administration (DFAS) is helping families understand what makes up a service member’s pay. The state’s child support standards typically determine the child support amount, but if you obtain an order that exceeds those standards, DFAS may garnish your wages.
Healthcare Coverage in a Military Divorce
A non-military spouse can choose between two healthcare alternatives following a divorce:
During the military member’s active duty, the marriage must have lasted at least 20 years. If you’re going through a divorce, this might be a worthy cause to petition the court to put the divorce on hold until the rule of 20/20/20 is followed. Private insurance needs to pay the charge initially, and any remaining balance will be invoiced to TRICARE.
Continued Health Care Benefit Program (CHCBP)
If a former spouse was covered by TRICARE or TAMP the day preceding their military spouse’s divorce, they might be covered for up to 36 months if they purchase CHCBP. If the former spouse meets the 20/20/15 condition, coverage may be extended for up to 48 months after the divorce.
Military Divorce Pensions
The Defense Finance and Accounting Service (DFAS) handles direct retirement payments. To be eligible for direct retirement payments from the military, an ex-spouse must have been married and served for ten years.
The court may use different measures to assess the length of your marriage. In California, you have to be married for ten years. An ex-pension spouse’s income is limited to 50% of their military retirement pay. The highest aggregate amount that the court can remove from the pension if child support is being deducted is 65%.
The 10-10 Rule
The divorce court has the authority to award the non-military spouse whatever portion of the pension it deems appropriate. The “10-10 rule” states that you must have been married for at least ten years when your military spouse was on active duty or performing “creditable service” in the Guard or Reserves. The retired pay center divides the monthly pension check and distributes the appropriate share to each party under this approach.
If you fit the “10-10 rule,” you’ll need a court order to obtain your pension-share check from the retired pay center. A court order that:
- Includes the parties’ names, addresses, and Social Security numbers;
- Specifies that the payments will be made through DFAS;
- States the quantity or percentage in one of four acceptable formats;
- Files DD Form 2293 that is delivered to the retired pay center, together with a copy of the divorce judgment; and
- Follows all other DFAS guidelines.
How Is the Military Pension Calculated?
The following are the three techniques for calculating the payment amount:
- Net Present Value (NPV) – is the most frequent method for obtaining a buyout upfront.
- Deferred Distribution – a share amount is determined at the time of divorce, but the funds are not received until the service member retires.
- Reserve Jurisdiction – the most typical way is to use reserve jurisdiction. At the time of retirement, the ex-portion spouse’s is determined.
Thrift Savings Plan (TSP)
Survivor Benefit Plan (SBP)
When service members retire, they can purchase a death benefit known as the “Survivor Benefit Plan.” After the service member dies, the “beneficiary” of the plan – typically a spouse or ex-spouse – will receive regular payments. SBP costs 6.5% of the base payment for active-duty retirees and around 10% for Guard/Reserve retirees.
SBP coverage for the ex-spouse has two significant points: election and notification deadlines.
After a divorce, the ex-spouse can apply for SBP coverage by submitting the required form to the authorized retired pay center. Not only must the court mandate “former spouse coverage,” but it must also specify the party who is covered. Within one year of the divorce, the former spouse can apply to become a member of the SBP program.
The service member has one year from the date of divorce to submit an election. Within one year, the relevant form must be received by the retired pay center. The former spouse must make a “deemed election” within one year of the order granting SBP coverage. Only one adult recipient may be eligible for SBP. If the ex-spouse remarries before reaching the age of 55, the pension will be terminated. If the remarriage ends in death, divorce, or annulment, it will be reinstated.
Talk to Our San Luis Obispo Military Divorce Attorneys!
When it comes to getting a divorce and family law, service members and their wives need to be aware of the legal concerns in military divorces. A military divorce has a set of legal challenges that are distinct from those faced by civilians. There is assistance available, and these are areas that our San Luis Obispo military divorce attorneys specialize in.
We’ll come to an agreement that will surely benefit you at 805 Law Group. Our experienced San Luis Obispo marital divorce attorneys can handle your case with sympathy and empathy, but we can also use aggressive techniques to protect your rights. Don’t wait until it’s too late! Contact our San Luis Obispo County attorneys if you need assistance with your military divorce or filing for divorce. Call us now to book a consultation with one of our experienced military divorce attorneys.