When you are preparing to get divorced in California, there are a lot of extenuating circumstances that could complicate your experience in comparison to others. One of these may be the fact that you or your spouse is serving in the military. At the Law Offices of Jeanne W. Murray P.C., we are aware of the challenges that military spouses face in the wake of a divorce and are committed to lessening the impact of divorce on a person’s military duty.
Perhaps the most concerning aspect of your divorce is what will happen to the pension and benefits that were previously shared by you and your spouse. Like many military families, there is a good chance that your family relies on those resources to sustain, support and protect your well-being. Without access to the full extent of these resources, you may be worried about your future.
According to Military.com, direct payment of any retirement benefits from the military can only be given to an ex-spouse under certain conditions. You and your spouse will have had to have been married for 10 consecutive years. Additionally, throughout all of these 10 years, one of you will have had to serve in the military that entire time. If both of these conditions are not met, direct payments of retirement benefits to an ex-spouse are not legally required. Depending on your situation and the negotiations that are made in court, you or your spouse, whichever of you were not serving in the military, may still be entitled to a portion of the retirement benefits.
When you understand how military service may affect the outcome of your divorce, you can be prepared to begin making decisions to support your future. For more information, if you need assistance with a military divorce, visit our web page.