Dividing Military Retirement in California Divorce
California is a community property state. That means any income, property, assets, or debts acquired during the marriage (from the date of marriage through the date of separation) is presumptively community property and is equally split in a divorce. Military retirement benefits are no exception.
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts are allowed to treat military retirement pay according to state-specific property dividion laws. In California, this means that the portion of a service member’s military retirement benefits earned during the marriage is presumed to belong equally to both spouses.
The portion of retirement benefit that is subject to division is typically calculated using a specific formula that looks at the number of years the couple was married while the service member was earning retirement benefits. The longer the overlap, the larger the share considered community property. However, every case is different, and the specifics of your benefits structure, and even the court’s discretion, can affect the final outcome.
Given the federal protections, California property laws, and the nuances of military service, dividing military retirement benefits can be complex and it is best to consult with an experienced divorce attorney who can help you understand your rights and obligations, accurately calculate the community property share, and protect your future financial interests.
Contact Cardwell Steigerwald Young, LLP
While dividing military retirement benefits in California may seem daunting, understanding what you need to do is possible. Experienced San Francisco divorce attorneys at Cardwell, Steigerwald, Young, LLP can help you navigate not only the law, but discuss unique strategies employed in mediating a final asset division that you can know lands you in the best place possible. Contact our office today to begin discussing your case with our team.
