Military Divorce FAQ: What You Need to Know
Introduction
Military divorces follow many of the same rules as civilian divorces—but with a few important differences. From residency requirements to military pensions, deployments, and custody arrangements, there are unique factors that service members and their spouses need to understand. This FAQ answers some of the most common questions about military divorce in California.
Do I Have to File in the State Where We Got Married?
No. For military families, residency rules can be more flexible. In California, either spouse must be a resident or stationed in the state to file for divorce. A family law attorney can help you determine where jurisdiction applies based on your situation.
How Is Child Custody Handled in a Military Divorce?
Custody decisions are always based on the best interests of the child—regardless of a parent’s military status. However, deployment, frequent relocations, and unpredictable schedules can impact how custody is structured. Courts may create parenting plans that account for:
• Temporary custody during deployment
• Long-distance visitation
• Virtual communication (like Zoom or FaceTime)
Flexibility and advanced planning are key.
What Happens to Military Pensions in Divorce?
Military pensions are considered marital property and may be subject to division in divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as divisible property. Factors that influence division include:
• Length of the marriage
• Years of service overlapping with the marriage
• State-specific property division laws
Even if the non-military spouse is awarded a share, that doesn’t automatically mean direct payments from the Defense Finance and Accounting Service (DFAS)—a 10-year overlap rule typically applies.
Can I Still Get Health Benefits After the Divorce?
In some cases, yes. The 20/20/20 rule allows former spouses to retain full military benefits (including TRICARE) if:
• The marriage lasted at least 20 years
• The service member has at least 20 years of creditable service
• The marriage and service overlapped for at least 20 years
There are also limited benefits under the 20/20/15 rule for those who don’t meet all three benchmarks.
Will Deployment Delay the Divorce Process?
It can. The Servicemembers Civil Relief Act (SCRA) allows active-duty members to delay civil court matters—including divorce—if military duties prevent participation. This ensures fair legal proceedings and protects the rights of the service member.
Do Military Divorces Always Go to Court?
Not necessarily. Like civilian divorces, many military divorces can be settled outside of court through negotiation. However, because of the unique circumstances involved, having an attorney with military family law experience is essential to reaching a fair and legally enforceable agreement.
Conclusion
Military divorces are more than just paperwork—they require thoughtful consideration of service-related benefits, custody challenges, and legal timelines. Whether you’re a service member or the spouse of one, understanding your rights is essential to protecting your future.
Need Help With a Military Divorce in California?
At North Bay Family Law, we understand the unique challenges of military divorce and are here to guide you with clarity and respect. Contact us today to schedule a consultation and take the next step forward.