Home Military Divorce
Military divorces are often complicated by issues including military retirement pay, government health insurance, and commissary/exchange benefits. The best thing you can do is come into the office for an appointment .If you are deployed we can set up a phone conference . We know that each case is unique, and we hope to answer some of your general questions regarding military divorce:

Where do I file for divorce?
Military divorces are controlled by state law, and must be handled in state court. Divorces involving military members can be filed (1) where the military spouse resides, (2) in the military spouse’s domicile/“home state” (selected by the military spouse even though he/she may not live there currently), or (3) where the military spouse consents to the jurisdiction by appearing in the case.

What about health insurance?
Health care coverage continues while the couple is in the process of separating and divorcing.  When the divorce is finalized, a former spouse may be entitled to military health insurance depending on the length of the marriage and the military spouse’s length of service during the marriage.  If the military spouse served at least 20 years during the marriage, then the former spouse is entitled to TRICARE and inpatient and out-patient care at a military treatment facility.

In cases where the military spouse served 20 years in the military and was married for 20 years but the marriage overlapped the period of service by only 15 years, the former spouse is entitled to full military medical benefits only for a transitional period of one year following the divorce.

Former spouses who do not satisfy the above requirements (20/20/20 nor 20/20/15) are not entitled to any military health benefits after a divorce.  Military health insurance coverage can, however, continue if it is part of a court order.  The court order allows the former spouse to be enrolled in his/her own right and pay his/her own premiums.  If the former spouse remarries before age 55, he/she is no longer entitled to military health insurance.  If the court does not issue an order for the continuation of coverage after divorce, the former spouse is still entitled to 36 months of temporary insurance and the former spouse must pay the premiums.

What about commissary and exchange benefits?
A former spouse’s ability to shop at the commissary and exchange depends on the length of the marriage and the length of the military spouse’s service.  If the military spouse served at least 20 years during the marriage, the former spouse is entitled to commissary and exchange privileges after the divorce.  If, however, the former spouse remarries, he/she loses the commissary and exchange benefits. These benefits are restored if the new marriage ends in death or divorce.
If the 20 year requirement for service during the marriage was not met, the former spouse loses commissary and exchange privileges once the divorce is final.

What about military retired pay?
In California, retired pay is considered marital property and can be divided by a court order. A former spouse’s right to a military spouse’s retired pay depends on the length of the marriage and the military spouse’s length of service during the marriage. 
In order for a former spouse to receive any portion of a spouse’s military retirement pay, the military spouse must have completed at least 10 years of military service during the marriage.  If 10 years of service were completed during the marriage, the former spouse can receive up to 50% of the retired pay.  It is important to note that after the court awards a portion of retired pay, the former spouse must still apply to the Department of Defense Finance and Account Service in order to receive payments.

Unless the military member has opted for survivor benefits for the former spouse at the time of retirement (see below), the right to retirement pay ends at the time of a court order or upon the death of the military spouse, whichever is first.

What about a Survivor Benefit Plan (Option to Extend Retirement Payments In the Event the Military Spouse Dies First)?
At the time of retirement, a military spouse has a one time option to choose survivor benefits for his/her spouse, meaning that if the military member dies first, the surviving spouse continues receiving retired pay.  In the event that the couple later divorces, the military spouse can end the survivor benefit coverage or elect to continue coverage for the former spouse.  Additionally, the former spouse can initiate survivor benefit coverage on his/her own behalf and incorporate it into a court order.  If this is done, then the former spouse must initiate survivor benefit coverage within 1 year of the court order.

What about disability pay?
Disability pay is meant to compensate the military spouse for future losses, and is not subject to division by the court.  Disability pay is the property of the military spouse.

Can military wages be garnished?
Military wages can be garnished for spousal support and/or child support.  A military spouse can be required to pay up to 60% of his/her paycheck toward child and spousal support. Wages can be garnished whether the military spouse is stationed in the U.S> or deployed.  If the military spouse is retired and no longer has “wages,” the former spouse can garnish up to 65% of the retired pay for the purpose of child support and/or spousal support.

What happens to child custody during deployment?
Prior to being deployed, a single military parent must give his/her primary custody of his/her child(ren) to another person.  The parent has the choice of who should get primary custody of the children in his/her absence. Upon return, the military person must petition the court for a modification of the custody arrangement.