Can I get military benefits after a divorce?

Yes, you can get military benefits after a divorce in California. Military benefits are typically divided between the veteran and their former spouse in accordance with the Servicemembers Civil Relief Act (SCRA). This act is a federal law that provides protections for servicemembers and their families in the event of a divorce. In California, the court will typically take into account the veteran’s marital share of any military retirement pay that was earned during the period of the marriage. The court may also consider any other military benefits earned during the marriage, such as medical and dental insurance, health care coverage, disability benefits, and educational benefits. It is important to note that the veteran and their former spouse are not automatically entitled to a share of each benefit. In the state of California, the court may consider other factors such as the length of the marriage, the amount of time each spouse spent in the service, and the type of financial support that each party contributed to the marriage. In order to receive any military benefits, both the veteran and their former spouse must first file a claim with the Department of Veterans Affairs (VA). If a veteran has been divorced for longer than one year, he or she may also be eligible for a VA Disability Compensation award to make up for any lost earnings. It is important to remember that military benefits can be complicated and that it is important to seek legal counsel if you and your former spouse are considering divvying up military benefits in a divorce. In California, you can contact the Military Law Center, which provides free consultation and legal advice regarding military divorce law.

Can I get military benefits after a divorce?

Related FAQs

Related Blog Posts