Representing Service Members And Military Spouses
In any divorce involving a member of the military, whether you are an active duty, reserve or retired service member or spouse of a service member, it is important to consult an experienced lawyer. I, Susan H. Witting, a military divorce attorney in Thousand Oaks, am experienced at representing the interests of military service members and their spouses in divorce cases.
The Law Offices of Susan H. Witting frequently represents service members stationed at Naval Base Ventura County, located at Point Mugu and Port Hueneme, and their spouses. Moreover, I have provided support and knowledge to both clients and attorneys located worldwide to assist them with military family law questions involving California. I help them understand and resolve complex military divorce issues such as the following:
- Uniformed Services Former Spouses’ Protection Act (USFSPA): Under this federal law, some former military spouses are entitled to health benefits, base privileges, survivor benefits and other benefits after divorce. I am familiar with this federal law and criteria for benefits to former spouses, including the “20/20/20” rules and the procedures for obtaining benefits under the USFSPA. Spouses not falling under the “20/20/20” rule also qualify for modified benefits under this law. I have extensive experience helping clients determine how these benefits should be divided in divorce.
- Servicemembers Civil Relief Act (SCRA): This statute both protects the service member from being subject to court action without his or her knowledge and, as a consequence, affects a spouse’s ability to bring a divorce action against a service member during or after deployment. I am experienced at helping military members and their spouses understand their options under the SCRA and achieve their goals, even during these times.
- Division of military pay for support purposes: In addition to their base pay, service members may also receive Basic Allowance for Housing (BAH) and a variety of other entitlements which need to be considered in the calculation of child and/or spousal support. The taxability of these payments influence the amount of support paid and received, and I can assist in determining the proper allocation of income.
- Jurisdictional issues: The California courts may not always be the appropriate or preferable place to bring an action involving service members. Those stationed in California or those stationed elsewhere whose spouses live in California may have a choice of where to bring a case or may be restricted from filing in California. I will discuss all your options with you and help you understand where the most efficient and economical place to file your case is.
- Custody issues: Service members and their families who are facing deployment often have special issues of concern when it comes to child custody and visitation. I can help address these issues.
Whether you are a service member or the spouse of a service member, it is important to talk to a lawyer who is familiar with these and other military divorce issues in order to ensure that you understand and protect your rights and interests in your divorce case. Working in conjunction with a retired Navy JAG officer, my staff can provide effective assistance in all areas of military divorce and related issues.
Key Military Divorce Questions To Consider
Military divorce often involves both California law and federal military rules. If you or your spouse serves in the military, the following answers address common questions that may arise during the divorce process:
Do we have to be legal residents of California to file for divorce in Ventura County if stationed nearby?
You do not have to make California your permanent home, but military orders alone do not always satisfy the rules for filing a divorce here. California requires one spouse to live in the state for at least six months and in the filing county for at least three months.
If you or your spouse lives in Ventura County while stationed nearby, the court will determine whether you satisfy those residency requirements. Military families may keep legal ties to another state, so you may have another place to file. Separate rules control whether a California court has authority to divide military retired pay. Under federal law, that authority may depend on the service member’s residence, domicile or consent to the court’s jurisdiction.
If my spouse and I were married for less than 10 years, do I lose my right to a share of their military pension?
No. A marriage of less than 10 years does not automatically prevent you from receiving a share of military retired pay.
The federal 10/10 rule mainly affects the payment method. To receive direct property payments from the Defense Finance and Accounting Service, your marriage must have lasted at least 10 years, with 10 years overlapping your spouse’s creditable military service. If you do not meet that rule, a court may still award you part of the retired pay. You would need another method because DFAS cannot send the share directly to you.
What happens to my TRICARE health insurance after the divorce is finalized?
Your TRICARE coverage as a spouse generally ends on the day your divorce becomes final unless you qualify for coverage as a former spouse. Federal rules determine your continued eligibility.
Under the 20/20/20 rule, you may keep TRICARE while you remain eligible if your marriage lasted at least 20 years, your spouse completed at least 20 years of creditable service and the two periods overlapped for at least 20 years. Under the 20/20/15 rule, you may qualify for coverage for up to one year when the overlap lasted at least 15 years. If you qualify under either rule, you must also establish your former-spouse eligibility in DEERS.
Call A Ventura County Military Family Law Attorney At 805-409-4138
My office is conveniently located right off the 101 freeway in Thousand Oaks, with plentiful free parking. If you need assistance with a military divorce issue, do not hesitate to call me at 805-409-4138 or email me to schedule a consultation.