Military Divorce | san-diego-family-law

SAN DIEGO MILITARY DIVORCE ATTORNEY

While every divorce is difficult, military divorces present unique challenges because members of the armed forces have special needs associated with their service. For active-duty military service members, military child custody and visitation arrangements must be developed to account for deployments and potential reassignments. In addition, there are special federal laws that must be followed when drafting a military divorce agreement. These laws cover the division of important assets such as military retirement plans and health care benefits.

At the Law Offices of Daniel Grunbaum, our lawyers work to educate our clients while finding creative solutions to meet their needs. We can help you find a resolution to your family law issue that addresses the concerns of your life in the armed forces. Contact our firm today to set up a consultation with a knowledgeable La Mesa divorce attorney at 619-469-9477.

La Mesa USFSPA and Division of Military Retirement in Divorce Attorney

The Uniform Services Former Spouses Protection Act (USFSPA) was enacted in 1982 to protect the rights of military spouses in a divorce proceeding. In California, military retirement plans are part of the marital property. The attorneys at our firm understand the laws, such as the 10/10 rule, which govern the division and distribution of military retirement plans.

The USFSPA also covers a spouse's rights to health care, commissary and exchange benefits after a divorce. Frequently referred to as the 20/20/20 rule, these benefits are important as they provide the former military spouse with access to TRICARE as well as military inpatient and outpatient benefits.

Division of Accrued Leave and Earnings Benefits

Accrued leave is a frequently overlooked asset in a military divorce. Leave is a right for members of the armed forces. Because of this, service members can be paid for unused leave. The value of the leave depends on the enlisted service member's salary.

Our experienced family law attorneys understand how accrued leave is tracked and how to read a Leave and Earnings Statement (LES). We can make sure the value of accrued leave is accurately calculated as part of the marital property in a divorce.

Critical Considerations in a California Military Divorce

Our San Diego military divorce lawyers represent both military service members and their spouses in divorce proceedings. We understand how the laws affect both parties in a military divorce. While we always try to find a positive solution for our clients through mediation and negotiation, we are knowledgeable litigators who will aggressively represent our clients' interests when necessary.

For more information about your rights in a military divorce, please call us for a telephone consultation at 619-469-9477. You may also contact our military divorce lawyers online to set up a consultation.