Are there any limitations on the division of assets in a military divorce?

In California, military divorce law does include limitations on the division of assets. Generally, state law dictates that marital assets are divided in a “fair and equitable” manner. In a military divorce, the court may consider military benefits, including pension plans, disability benefits, and other monetary benefits that are received as a result of the veteran’s service, when determining the division of assets. Under federal law, disability and retirement benefits received by a veteran from the Department of Veterans Affairs (VA) are non-marital assets and are not subject to division. However, any portion of the division of these assets that the court deems to be just and proper may be considered. For example, if the veteran was receiving retirement benefits at the time of divorce, the court may consider an equitable division and grant the non-veteran spouse part of the veteran’s retirement benefits. The court may also take into consideration the potential for long-term medical expenses when determining the division of assets. Additionally, some portions of service members’ pay and allowances may be exempt from division in California. This includes the frequent moves associated with military life and any of the veteran’s re-enlistment bonuses. To sum up, military divorce law in California does include limitations on the division of assets. Certain portions of the veteran’s pay and allowances may be exempt, while benefits received from VA are generally considered to be non-marital assets and not subject to division. The court may consider certain benefits, such as retirement benefits or potential long-term medical expenses, when determining the division of assets.

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Are there any limitations on the division of assets in a military divorce?

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