Are there any special rules for division of assets in a military divorce?

Yes, there are special rules for division of assets in a military divorce in California. According to the California Uniformed Services Former Spouses’ Protection Act (USFSPA), division of military retirement benefits must be included in the divorce decree when a service member and spouse divorce. The USFSPA allows for division of military retirement benefits, as well as division of health benefits, life insurance benefits, and commissary privileges. In general, division of military retirement benefits under the USFSPA is quite complex and is based on the length of the marriage while the service member is in the military. If the marriage lasted 8 years or more during the service member’s time in the military, the court will assign 50 percent of the retirement benefits to the non-military spouse. If the marriage lasted less than 8 years during the service member’s time in the military, the court will award a portion of the retirement benefits to the non-military spouse depending on the length of the marriage in comparison to the service member’s time in the military. Additionally, the court may award other benefits to the non-military spouse depending on the length of the marriage and the special needs of the non-military spouse. For example, the court may provide for medical or dental care for the non-military spouse or financial assistance for educational needs. The court may also order the service member to make payments for spousal support. It is important to note that the division of assets in a military divorce is complex and must be carefully considered in court. An experienced family law attorney can help ensure that the division of assets is handled in a fair and equitable manner.

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Are there any special rules for division of assets in a military divorce?

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