Oceanside Military Divorce Lawyer

Oceanside Military Divorce Attorney

Experiencing a divorce in the military will introduce an individual to a whole new set of unique challenges and considerations that don’t exist in civilian court. These extra considerations for a military context could include issues related to jurisdiction, the division of military pensions, or how a dispute could impact their deployment. When a legal issue arises for service members, it’s important to have the support of an Oceanside military divorce lawyer for assistance.

At Erica Bloom Law, we have years of experience handling the unique needs of those facing a military divorce. Our Oceanside divorce lawyer understands the specific legal challenges that service members and their families can encounter and can develop custom strategies to overcome these hurdles. By combining our knowledge and experience in both the military and civilian legal systems, we are poised to protect the rights and interests of our clients to achieve a fair and just resolution.

What Are the Most Common Disputes to Resolve in a Military Divorce?

Division of Military Pensions

One of the most significant issues that will need to be resolved during the military divorce process is the division of a military pension. It’s important to know that the Uniformed Services Former Spouses’ Protection Act (USFSPA) grants state courts the right to treat all military retirement pay as marital property that is subject to division during a divorce proceeding. This can cause tension, as both spouses likely rely on these funds for retirement.

Child Custody and Visitation

Disputes over child custody and visitation arrangements offer an additional layer of complexity when compared to civilian court. This is often related to the impact they can have on a service member’s need to relocate or respond to deployment frequently. Having a military divorce attorney on your team can leverage their industry-specific knowledge in this space to suggest creative custody arrangements that respect a service member’s military and parental duties.

Spousal Support

When a service member divorces, the court will want to determine if a monthly spousal support payment is necessary. This is largely dependent on the income gap between both parties. If one spouse makes significantly more money, they will be required to pay the other spouse to help cover the basic necessities that they became accustomed to during the marriage. These are often temporary until the lower-earning spouse becomes more independent.

Your Oceanside family lawyer can help you determine what to expect regarding spousal support.

Healthcare and Benefits

All former military spouses could still be entitled to receive continued healthcare coverage through TRICARE, which is the healthcare program for service members on active duty. This coverage will only be extended if certain conditions are met, such as the 20/20/20 rule. Under this rule, benefits will only be issued if the marriage’s tenure, service member’s time in the military, and the overlap between the marriage and service were all twenty years or greater.

Jurisdiction Issues

Because military families are forced to move more frequently than non-military families, there may be questions raised about which state has jurisdiction over the divorce case. This is important because service members and their spouses have a legal obligation to follow the divorce rules under the applicable state laws their case falls under. Because each state has its own set of rules, this could influence items such as property division and custody arrangements.

Impact of Deployments on Support Obligations

It’s not uncommon for a deployment or change in a service member’s duty station to impact their ability to fulfill an original child and spousal support obligation. A simple change in role could drastically change their income due to deployment pay or other allowances that could alter the calculator and consistency of support payments, for example. The court will need to take each circumstance fluctuation into consideration as they come and make adjustments when needed.

Oceanside Military Divorce FAQs

Q: What Is the Spouse Entitled to in a Military Divorce?

A: The non-military member spouse may be entitled to a portion of their spouse’s military retirement benefits depending on how long they have been married and what overlap exists between their marriage and the military member’s service. They could also be entitled to receive child and spousal support payments that are calculated based on state guidelines and the income of both parties. The couple will also need to divide all items considered a marital asset.

Q: What Is the 10-Year Rule in Military Divorce?

A: The 10-year rule in a military divorce allows direct payments from a military service member’s retirement account to directly pay their former spouse if the marriage’s tenure was ten years or greater. This rule was designed to help simplify the division of military retirement earnings to help ensure that a spouse is able to receive funds they are entitled to without needing to go through the service member directly.

Q: What Is the 20/20/20 Rule for Military Spouses?

A: The 20/20/20 rule sets specific criteria for those who were married to service members at one point to receive specific benefits, including healthcare. These will only be issued if the marriage and service member’s time in the military both lasted at least 20 years. In addition, there must be at least a 20-year overlap between the marriage and the military service in order for this rule to go into effect. This will ensure the spouses of military personnel receive long-term support.

Q: Is It Hard to Get a Divorce in the Military?

A: While there are unique challenges specific to military divorces, it’s not necessarily harder to become divorced compared to civilian cases if you have the right legal resources in Oceanside, CA. The most valued is a military divorce attorney specifically trained to navigate military-specific legal issues like dividing military pensions and deployment-related custody arrangements. The specificity of their experience can help them reach resolutions much quicker.

Contact Erica Bloom Law in CA Today

If you are facing the prospect of a military divorce and want to hire an attorney who understands the nuances of this space, contact us today at Erica Bloom Law. We understand how legal issues differ within a military context, and we would be honored to take on your case and help you reach the outcomes you are looking to secure. Contact us today to begin.