Military divorce in California involves the intersection of California family law and federal military law — a combination that affects how retirement benefits are divided, how service members are protected during deployment, and what benefits former military spouses retain after divorce. Furubotten Law, APC handles military divorce proceedings throughout Orange County and Riverside County.
The Servicemembers Civil Relief Act
The SCRA protects active-duty service members from default judgments and allows them to request postponement of civil proceedings — including divorce — when military service prevents meaningful participation. Courts must grant at least a 90-day stay upon proper SCRA request, and can grant longer stays when military duty genuinely prevents participation.
Military Retirement Division
Military retirement benefits earned during the marriage are community property subject to division under the Uniformed Services Former Spouses' Protection Act (USFSPA). The community's share is determined by the time rule — years of service during the marriage divided by total years of service. Direct payment from DFAS requires meeting the 10/10/10 rule: 10 years of marriage, 10 years of service, and 10 years of overlap.
TRICARE and Military Benefits
Former spouses who meet the 20/20/20 standard — 20 years of marriage, 20 years of service, 20 years of overlap — retain TRICARE coverage after divorce. Those meeting a 20/20/15 standard may receive one year of transitional coverage. Understanding what benefits continue and which terminate at divorce is essential to military divorce financial planning.
Furubotten Law, APC handles military divorce in Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.