San Diego Military Divorce Lawyer

Division of Property and Spousal and Child Support in a Military Divorce

In a typical non-military divorce, the parties will either work together to come up with an agreement regarding the division of their assets and how much spousal support and child support will be paid, or, if the parties cannot reach an agreement, the judge will make those determinations. A military divorce presents special concerns with dividing up the property and setting support payments, as military members are compensated in ways different than that of most of the general population. For example, a military service member receives a paycheck for his or her services, but is also compensated through housing and food allowances and other benefits. Thus, in looking at the parties’ incomes and living situations, the court will look at these other benefits that may be lost to one party through a divorce. For example, military spouses often do not own their own homes but live in military housing, and so when one spouse no longer has access to the military housing, the divorce judgment will have to account for that changed circumstance.

Other issues a court will look at in a military divorce are the retirement payments, including military pensions, that a service member will receive. If the retirement payments were based on military service while the parties were married, the law may deem those ongoing payments (even when made after the divorce) to be community property to which both spouses have ongoing ownership rights. A spouse may also have an interest in ongoing VA benefits paid to one spouse. Federal law interacts with California state law in many aspects of military divorce, and it is important for both parties to a military divorce to understand their rights before any settlement agreement is reached and/or before the parties go in front of a judge.