Full question:
I am an ex-service man who retired from service 2 years ago. My wife and I have had a falling out and are planning to get a divorce. In the event of a divorce, all our assets and liabilities will be combined and then divided amongst the spouses. I want to know if my military pension will be included while dividing the assets and liabilities.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: California
Answer:
The Uniformed Services Former Spouses Protection Act (USFSPA) allows military pensions to be divided in a divorce. State courts have the discretion to determine how military retirement is divided, and in California, which is a community property state, assets acquired during the marriage are typically divided equally. This includes military pensions.
In California, there is no minimum marriage length required for a spouse to claim a portion of military benefits. However, the court must have jurisdiction to divide the pension. For civilians, jurisdiction is based on residency; they must live in California for at least six months and in the county of filing for three months. For military members, jurisdiction can depend on their domicile, which is their State of Legal Residence (SLR). This is the place considered their true, fixed, and permanent home, typically where they resided when entering service.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.