Law Offices of Kenneth U. Reyes, APC Serving Los Angeles
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Military Divorce

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.

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  • “Professional, kindhearted, and timely service.”
    I struggled with two other lawyers for two years. The Law Offices of Kenneth U. Reyes, APC, ended the bullying and delays. This team is professional, respectable, and kindhearted. They expertly handled my case, securing a favorable outcome. Highly recommend!
    R.P.
  • “Caring, compassionate, and professional.”
    Being in a tough situation, I didn't know where to begin to file for divorce. The Law Offices of Kenneth U. Reyes, APC was the first listing in my search. They were willing to assist me in my long-distance divorce. Their staff was very instrumental in handling our communications, and I was always able to speak to a live person when needed. They explained each process and step clearly. The firm even made payment allowances until my house was sold. They successfully handled unexpected challenges and won funds for me. I highly recommend their services; they handle cases with great care.
    Martha R.
  • “Handled my case competently and professionally.”
    The Law Offices of Kenneth U. Reyes, APC has represented me since 2012 and has handled my case competently and professionally. They successfully assisted me towards my permanent residency despite the complications. Their expertise and care yielded the desired results.
    R.L.
  • “Everyone was very attentive and accommodating. I truly recommend him and his firm.”
    “Everyone was very attentive and accommodating. I truly recommend him and his firm.”
    M.Z.
  • “Kenneth took the time to sit down with us to explain the process”
    “Kenneth took the time to sit down with us to explain the process”
    L.P.
  • “The whole staff gave me excellent service and supported me all the way”
    “I would like to thank the Law Offices of Kenneth U Reyes who accommodated my divorce case. The whole staff gave me excellent service and supported me all the way. They are very reliable, persistent and the best part was I got my court decision in just 2 months which was beyond my expectation . Congratulations to everyone. Job well done.
    Bien E.
  • “No words to say but a big "Thank You" for all the help and confidence you gave me.”
    “No words to say but a big "Thank You" for all the help and confidence you gave me.”
    O.F.
  • “I can finally say now that my husband's dream to become a US citizen came true today March 6, 2016.”
    “I can finally say now that my husband's dream to become a US citizen came true today March 6, 2016.”
    C.K.

Schedule an Appointment with a Military Divorce Attorney in Los Angeles

Military divorce cases move on timelines shaped by deployment schedules, SCRA stays, and DFAS processing requirements. Getting accurate legal and financial guidance early can give you a clearer picture of where you stand. At your initial appointment, we can walk through the facts of your situation and explain the options available to you under both California and federal law.

Law Offices of Kenneth U. Reyes, APC represents clients in Los Angeles, Santa Monica, and surrounding communities. Call us at (213) 798-4854 to schedule your appointment.

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WHY CHOOSE OUR FIRm?

  • Fluent in English, Filipino, Mandarin, Vietnamese, and Spanish
  • Highly Involved in the Filipino Community
  • Regularly Published Legal Professional
  • Award-Winning Certified Public Accountant
  • Over 25 Years of Legal Experience
  • Board-Certified Family Law Specialist
Our Location
3699 Wilshire Boulevard
Suite 747
Los Angeles, CA 90010
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