How is the division of military retirement benefits determined in a divorce?

In California, the division of military retirement benefits during a divorce is determined based on both state and federal law. Under California Family Code Section 2650, a court may determine how much of the military retirement benefits the service member’s spouse will receive when the divorce is finalized. Federal law also requires that military retirement benefits be divided, however the specifics of that division vary depending on which state the service member lives in. When it comes to a military divorce in California, the court will consider a variety of factors when deciding how to divide the military retirement benefits. These can include the length of the marriage, the amount each spouse contributed to the marriage, the impact of the divorce on any children involved, and the financial resources available to each spouse during the divorce proceedings. The court may order the service member to pay a “disposable retired pay” or DRP to their ex-spouse. The DRP is the amount of the military retirement benefits that is left after taxes and any other deductions. The payments the service member is required to make are based on the percentage of the DRP that the court orders them to pay. The court may also order that the service member make payments directly to their ex-spouse or through a court-ordered trust. It is important to note that pension benefits are not divided until the service member retires. The court must provide a “Qualified Domestic Relations Order” or QDRO in order for the division of the pension benefits to take place. The QDRO must be approved by the service member’s branch in order for the division to occur. In conclusion, the division of military retirement benefits during a divorce in California is based on both state and federal law. The court will consider a variety of factors when deciding how to divide the retirement benefits and may order the service member to make payments through a DRP or a QDRO.

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