Military Divorce in California: Federal Rules, State Laws, and Your Benefits
Military divorce involves a unique intersection of federal law and California state law. The Servicemembers Civil Relief Act, the Uniformed Services Former Spouses' Protection Act, Tricare eligibility rules, and military pension division all add layers of complexity. Whether you are the service member or the military spouse, understanding these rules is essential to protecting your rights and benefits.
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Talk to AI AdvisorWhere to File for Military Divorce
Military families often have connections to multiple states, giving you a choice of where to file. The state you choose affects property division, support, and custody rules.
State of legal residence (domicile)
The state the service member claims as their legal home for tax and voting purposes. This is often the state where they entered military service.
State where the service member is stationed
If the service member is stationed in California, the California courts have jurisdiction even if neither spouse is a legal resident.
State where the non-military spouse resides
The civilian spouse can file in the state where they live, provided they meet that state's residency requirements.
Why it matters
California is a community property state, meaning military pension and other marital assets are split 50/50. Choosing the right state can significantly affect the financial outcome.
SCRA Protections for Service Members
The Servicemembers Civil Relief Act (SCRA) provides important protections to active-duty military members involved in legal proceedings, including divorce.
- ✓A service member can request a stay (delay) of at least 90 days if military duties prevent them from participating in court proceedings
- ✓The stay can be extended for additional periods if the service member remains unable to appear
- ✓Default judgments cannot be entered against a service member who has not appeared — the court must appoint an attorney to represent their interests
- ✓SCRA does not prevent divorce from proceeding — it only ensures the service member has a fair opportunity to participate
- ✓The non-military spouse should not interpret SCRA delays as obstruction — they are federal legal protections
- ✓SCRA protections apply automatically upon active-duty status and extend 90 days after release from active duty
Dividing Military Retirement Pay
Military retirement is often the most valuable asset in a military divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how it is divided.
Determine the marital share
Only the portion of retirement earned during the marriage is subject to division. Courts use a coverture fraction: months of marriage overlapping with military service divided by total months of service at retirement.
Understand the 10/10 rule
If the marriage overlapped with at least 10 years of creditable military service, DFAS (Defense Finance and Accounting Service) will pay the former spouse's share directly. Below 10 years, the service member must make payments — the pension is still divisible, but direct pay from DFAS is not available.
Choose the right division method
The 'frozen benefit' method fixes the share at the rank and years of service at divorce. The 'time rule' method lets the former spouse share in post-divorce promotions and pay increases. Each has significant financial implications.
File the court order with DFAS
The divorce decree or separate court order must be submitted to DFAS for direct payment. The order must meet specific language requirements — DFAS will reject orders that do not comply.
Tricare Health Benefits for Former Spouses
The 20/20/20 rule — full Tricare coverage
If the marriage lasted at least 20 years, the service member had at least 20 years of creditable service, and those periods overlapped by at least 20 years, the former spouse keeps full Tricare coverage for life (unless they remarry or obtain employer coverage).
The 20/20/15 rule — transitional coverage
If the overlap is at least 15 years (but less than 20), the former spouse receives one year of transitional Tricare coverage after the divorce is finalized.
Below 20/20/15 — no Tricare
Former spouses who do not meet either threshold lose Tricare eligibility upon divorce. They will need to obtain coverage through COBRA, the ACA marketplace, or an employer plan.
Children's coverage
Children remain eligible for Tricare regardless of the marriage length, as long as the service member is their sponsor. This continues until age 21 (or 23 if a full-time student).
Custody and Deployment
- ✓Federal and most state laws prohibit courts from using deployment or potential deployment as the sole factor against a service member in custody decisions
- ✓Service members must have a Family Care Plan designating a caregiver for the child during deployment
- ✓Courts can issue temporary custody orders for the duration of deployment — these should automatically revert when the member returns
- ✓Many states have specific military parent protection statutes that preserve custody rights during and after deployment
- ✓Video and phone visitation should be built into the parenting plan to maintain the parent-child relationship during deployment
- ✓In California, joint custody is presumed, and deployment alone is insufficient to overcome that presumption
- ✓Expedited hearings are often available for custody modifications when a service member receives deployment orders
Other Military-Specific Financial Issues
Survivor Benefit Plan (SBP)
SBP provides a monthly annuity to a surviving beneficiary if the retiree dies. Courts can award SBP coverage to a former spouse as part of the divorce — but it must be elected within one year of the divorce. Missing this deadline can permanently forfeit the benefit.
Thrift Savings Plan (TSP)
The TSP is divided similarly to a civilian 401(k). A qualifying court order is submitted to the TSP to divide the account. Only the marital portion (contributions and growth during marriage) is subject to division.
VA disability compensation
VA disability pay is generally NOT divisible as marital property under federal law. However, if a service member waives retirement pay to receive VA disability (disability offset), the former spouse's share of retirement may be reduced. Some courts compensate for this through other means.
BAH and military pay for support calculations
Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other allowances are typically included as income for child support and spousal support calculations, even though they are not taxable.
Every situation is different
Military divorce has rules that most civilian attorneys miss. Tell our AI advisor about your situation — including branch, years of service, and years of marriage — for guidance tailored to California.
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Legal Disclaimer: This article covers California divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed California family law attorney for advice specific to your situation.