Military Divorce Attorney in Los Angeles

Board-Certified Family Law Specialist & Former CPA Handling Military Divorce

Military divorce cases involve a layer of federal law, benefit-division rules, and jurisdictional complexity that standard California divorce proceedings don’t. At Law Offices of Kenneth U. Reyes, APC, our lead attorney, Kenneth U. Reyes, holds dual credentials as a Board-Certified Family Law Specialist and a former Certified Public Accountant. That combination matters here: the financial calculations at the center of military divorce, from disposable retired pay division to Survivor Benefit Plan elections, require both legal command and accounting precision. With over 46 years of combined legal experience and a one-attorney-per-case model, we keep every client in direct contact with the attorney managing their matter from start to finish.

If you’re a service member or military spouse facing divorce in the Los Angeles area, call our office at (213) 798-4854 to schedule an appointment and get clear guidance on your options.

How Military Divorce Differs from a Civilian Divorce in California

California community property rules still apply, but they interact with federal statutes that have no civilian equivalent. Two of the most significant are the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs how state courts may treat military retired pay as marital property, and the Servicemembers Civil Relief Act (SCRA), which gives active-duty members procedural protections during litigation.

Residency and jurisdiction present another complication. A service member may live in California under orders while maintaining legal residency in another state. That gap between physical presence and official domicile affects where the divorce can be filed and, separately, whether a California court has the authority to divide military retired pay under federal law.

Dividing Military Retired Pay Under the USFSPA

The USFSPA permits state courts to treat military retired pay as marital property subject to division, but it doesn’t require them to do so. California courts do divide it as community property to the extent it was earned during the marriage, typically calculated using the time rule established in In re Marriage of Brown (1976).

Key rules governing how retirement benefits are divided and paid:

• 10/10 rule: A former spouse married to the service member for at least 10 years overlapping 10 years of creditable military service may receive their share of retired pay directly from the Defense Finance and Accounting Service (DFAS). Courts can still award a share of retirement pay in shorter marriages; the 10/10 rule only determines whether DFAS pays the former spouse directly.
• DFAS payment cap: DFAS won’t garnish more than 50% of disposable retired pay for property division alone. That ceiling can reach 65% when property division is combined with alimony and child support obligations.
• Frozen benefit rule: For divorces decreed on or after December 23, 2016, a former spouse’s share of retirement is calculated based on the service member’s rank and years of service at the time of divorce, not at retirement. Later promotions don’t increase the former spouse’s share.
• 20/20/20 rule: An unremarried former spouse may retain military medical (TRICARE), commissary, and exchange privileges if the marriage lasted at least 20 years and the service member completed at least 20 years of creditable service, with those periods overlapping. A former spouse who doesn’t qualify can purchase up to 36 months of transitional coverage through the Continued Health Care Benefit Program.

The Survivor Benefit Plan (SBP) is a separate election that determines whether a former spouse continues to receive an annuity if the service member dies first. Addressing SBP in the divorce decree is critical; missing that step can permanently eliminate coverage.

SCRA Protections & How Deployment Affects Custody

The SCRA allows an active-duty service member to request a stay of divorce proceedings. When properly requested, an initial 90-day stay is mandatory. The SCRA also protects against default judgments entered while a member is on active duty, and courts may reopen those judgments under certain conditions.

Being stationed overseas doesn’t automatically entitle a member to a stay. Courts may instead allow telephonic participation or schedule proceedings around available leave. For custody matters, California courts focus on the child’s stability and best interests when deployment or relocation under Permanent Change of Station (PCS) orders requires modifying an existing parenting plan.