Divorce can be a very difficult and complex matter, especially for military service members. There are specific rules and regulations that apply and must be followed under California State Law. Although the issues are similar, military divorces are impacted by the Uniformed Services Former Spouse Protection Act (USFSPA). Here, the USFSPA effects how health benefits, retirement pay, and eligibility for commissary are treated. While child custody, visitation rights, alimony, and the division of marital property are a component of military divorces, it is how they are affected by the USFSPA that can be confusing.

At the Law Office of Lori Clark Viviano, we have more than one San Diego divorce attorney who knows how to apply the USFSPA, advocating for and protecting the rights and interests of our clients. While there are certain financial implications of the USFSPA, it also has important implications for military father’s rights which we explain to our clients.If you are in the military or are married to someone who is, and face a divorce, contact military divorce attorneys at the Law Office of Lori Clark Viviano today to schedule an appointment to discuss your case.

Our San Diego Divorce Attorneys can assist you with all areas of a Military Divorce

This includes:

  • Initiating the 6 month waiting period before you can be legally divorced in CA.
  • Helping to assist when you or your spouse is deployed
  • Dealing with child support issues while you or your spouse is deployed
  • Property Division
  • Developing a practical custodial arrangement to facilitate frequent and continuing contact with your child/children
  • Military divorce retirement
  • Figuring out military income and accurately creating agreements
  • Questions surrounding modifications in child support and alimony due to illness or relocation

Military Retirement Pay and Divorce

A non-military spouse is entitled to a portion of his or her enlisted spouse’s retirement pay. Under In re Marriage of Gillmore, 29 Cal. 3d 418, also referred to as the Gilmore election, a non-military spouse can claim his or her share of an enlisted spouse’s retirement pay when the spouse actually retires or when he or she is eligible to retire.

Typically, enlisted men and women are eligible to retire after 20 years of service. If, as part of a divorce settlement, a non-military spouse elects to claim a portion of the enlisted spouse’s retirement pay when the spouse is eligible to retire, the amount awarded will not include any additional pay due to pay increases or promotions that occur after the 20 year retirement date.

Contact Military Divorce Attorneys at the Law Office of Lori Clark Viviano

At the Law Office of Lori Clark Viviano, we offer aggressive, compassionate and experienced representation to military members and family of military members in all matters related to family law and divorce. Call us at (619) 817-8691 or (866) 567-3520 (Toll-Free) or contact us to schedule a confidential consultation. Mention our website when you call to receive a discounted rate on your first meeting.

We accept credit cards. Evening hours are available upon request.

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