Military divorces are notorious for being more complex than most civilian divorces. Factors ranging from deployment to custody plans for minor children can require careful consideration when military couples divorce.
Sometimes, the benefits of military employment become a focal point during divorce negotiations or litigation. A military pension is arguably one of the most valuable benefits that servicemembers receive. If they embrace a military career, they can enjoy a comfortable retirement thanks to their pension benefits later.
What happens with a military pension if a couple comprised of one servicemember and one civilian divorce in California?
Military pensions are subject to division
Some people mistakenly believe that a military pension is separate property. They think they do not have to divide it if they divorce because only one spouse contributed to the pension through their service. However, California community property rules give the other spouse an interest in the pension even if they did not directly help to earn it. In some cases, the military pension might be partially marital property and partially separate property. How long someone served in the military and when they married influence whether part or all of the pension is subject to division.
Military rules don’t decide divorce outcomes
Many people have heard an urban legend that claims that military divorces are subject to military rules. That simply is not the case. The jurisdiction where people divorce determines what laws apply. However, there are military rules that apply in special circumstances.
There is a rule for military pensions, but it has to do with pension distribution, not pension division. The 10/10 rule clarifies when the Defense Finance and Accounting Service (DFAS) can make direct payments to a non-military spouse. For such payments to occur, the marriage must last at least 10 years, and the servicemember must have 10 years of service during the marriage. If the marriage does not meet those standards, then the military spouse has to make separate arrangements for sharing the pension that do not involve DFAS.
People who learn the basics of divorce before they file or sit down to negotiate are less likely to fight over unachievable goals and unrealistic expectations. Learning about the unique concerns that affect military divorces can benefit those ready to move on from a military marriage.