Military divorce in San Diego comes with a unique set of legal challenges that civilian divorces simply do not have. San Diego is home to one of the largest military communities in the country, with families connected to the Navy, Marine Corps, Army, Air Force, Coast Guard, Reserves, and other branches. When a military marriage ends, federal law plays a critical role alongside California state law in determining the outcome of your case.
At Doppelt and Forney, APLC, our San Diego divorce attorneys have extensive experience helping both service members and their spouses navigate the complexities of military divorce. Watch our introductory video below, then read on for a full breakdown of what you need to know.
Why Military Divorce in San Diego Is Different
Military divorces follow many of the same California family law procedures as civilian divorces. However, several federal laws create additional layers of complexity. Issues like military pay, retirement benefits, and deployment can all significantly affect the outcome of your case. Understanding how these rules interact with California law is essential before filing.
Understanding Military Income in a San Diego Divorce
Base Pay and Additional Allowances
One of the first challenges in a military divorce is accurately calculating income. Military compensation is not as straightforward as a civilian salary. Service members may receive several forms of pay, including:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Special duty pay or hazard pay
- Re-enlistment bonuses
All of these income sources must be carefully analyzed. Child support and spousal support in California are both calculated based on income. Using an incorrect income figure can result in support orders that are unfair to either party. A thorough review of a service member's Leave and Earnings Statement (LES) is a critical first step.
How Deployment Affects Income and Support
Deployment can change a service member's pay scale significantly. Combat pay and other deployment allowances may increase income during certain periods. These fluctuations must be accounted for when establishing support orders. An experienced San Diego military divorce attorney can help ensure support calculations reflect a fair and accurate picture of income.
Military Retirement and Divorce in San Diego
The Uniformed Services Former Spouses Protection Act
Military retirement is often one of the most valuable assets in a military divorce. Under the Uniformed Services Former Spouses Protection Act (USFSPA), California courts may treat military retirement pay as marital property subject to division.
The division of military retirement requires specific language in the divorce decree. Errors in drafting can result in a former spouse losing their entitlement entirely. It is critical to work with an attorney who understands how to properly address retirement in a military divorce settlement.
The 10/10 Rule
For a former spouse to receive direct payment of military retirement from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least 10 years overlapping with 10 years of creditable military service. This is known as the 10/10 rule. If this threshold is not met, the service member must pay the former spouse directly. The court can still award a share of retirement regardless of whether the 10/10 rule is satisfied.
Child Custody Challenges in Military Divorce
Deployment and Parenting Plans
Child custody in a military divorce requires careful planning. Deployment, relocation, and changes in duty station can all disrupt a standard parenting plan. San Diego family courts recognize these challenges and can craft flexible custody arrangements that account for a service member's military obligations.
It is important to address what happens to custody and visitation during deployment before finalizing a parenting plan. A well-drafted agreement can prevent disputes down the road and protect both the service member's parental rights and the child's stability.
Relocation and Change of Station Orders
Permanent Change of Station (PCS) orders can require a service member to relocate, sometimes on short notice. This can create significant complications for existing custody orders. If you receive PCS orders that affect your custody arrangement, contact a San Diego family law attorney right away. Acting quickly is essential to protecting your parental rights and your child's best interests.
Service of Process and the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) provides important protections for active duty service members in civil legal proceedings, including divorce. Under the SCRA, a service member who is unable to appear in court due to military duties may request a stay, or delay, of the proceedings. This protection prevents a divorce from proceeding by default while a service member is deployed and unable to participate.
Both parties should understand how the SCRA may affect the timeline of a military divorce in San Diego.
Legal Separation as an Alternative
Some military families choose legal separation rather than divorce. This can allow a spouse to retain military benefits, including healthcare coverage under TRICARE, while the couple lives separately. Understanding the difference between divorce and legal separation is important when evaluating your options.
Areas We Serve
Our San Diego military divorce attorneys serve military families throughout the greater San Diego area, including North County, North County Coastal, East County, Central San Diego, Metro San Diego, and South County. We work with families near MCAS Miramar, Naval Base San Diego, Camp Pendleton, Naval Air Station North Island, and surrounding installations.
Speak With a San Diego Military Divorce Attorney
Military divorce in San Diego involves federal law, state law, and military regulations all at once. Getting it wrong can cost you retirement benefits, fair support, or time with your children.
Doppelt and Forney, APLC has been helping San Diego military families navigate divorce for over 30 years. Whether you are an active duty service member, a reservist, or a military spouse, our team is ready to protect your rights.
Contact us today to schedule a free 30-minute virtual or in-person consultation with an experienced San Diego military divorce attorney.