Are there any limits on the division of military retirement benefits in a military divorce?

In California, there are limits on the division of military retirement benefits in a military divorce. Under the Uniformed Services Former Spouses Protection Act, a court may divide military retirement pay as marital property during a divorce. However, according to California law, the court can only divide the military retirement pay that has accumulated during the duration of the marriage, not the entire amount. This means that any portion of the retirement pay that has accrued prior to the marriage cannot be divided in the divorce. In addition to this limit, the court can only divide up to 50% of the military retirement pay as part of the marital property division. This percentage is based on the length of the marriage that overlaps with the period of military service. So, for example, if the marriage lasted 10 years and the period of military service lasted 20 years, the court can divide up to 50% of the retirement benefits. The court may also determine that the division should be a one-time lump sum distribution or an ongoing percentage of the retirement benefits. Furthermore, the court will consider other factors when determining the division of the benefits, such as the overall financial situation of each spouse and other possible income sources. Overall, in a military divorce in California, the court can only divide up to 50% of the retirement benefits acquired during the marriage and can only distribute them in a lump sum or as an ongoing percentage.

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Are there any limits on the division of military retirement benefits in a military divorce?

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