Military divorce · San Diego and throughout California
San Diego Military Divorce Attorney & Mediator
Military retired pay, the Survivor Benefit Plan, VA disability and TRICARE follow federal rules that sit on top of California divorce law. Scott Levin, Esq., CDFA®, a California family law attorney since 2004 and a Certified Divorce Financial Analyst®, helps service members and military spouses get those details right.
Retired pay · Survivor benefits · Disability · Health care
Military pension, survivor benefits and disability pay in a California divorce
These are the questions that most often change the value of a military settlement. Each one depends on dates, service records and the exact wording of your order, so the details matter.
Dividing military retired pay
- Federal law (the USFSPA) lets California treat disposable retired pay as property. California generally divides only the share earned during the marriage.
- Frozen benefit rule: when the divorce decree is entered after December 23, 2016 and the service member is not yet receiving retired pay (for most Guard and Reserve members, retired pay starts around age 60), the former spouse’s share is calculated from the member’s pay and service at the date of divorce, not at retirement. That amount is then increased by military retiree cost-of-living adjustments until the member retires.
- What the order must state for DFAS: the award (a fixed amount, percentage, formula or hypothetical) and, as of the divorce date, the member’s high-3 amount in dollars and years of creditable service. For Guard and Reserve members, it must state creditable retirement points instead of years. For members who entered service before September 8, 1980, it uses pay grade instead of high-3. If any required figure is missing, DFAS will not approve the order until the court clarifies it.
- Payments to a former spouse start only when the member begins receiving retired pay.
- The 10/10 rule (10 years of marriage overlapping 10 years of service) only decides whether DFAS can pay the former spouse directly. It does not decide whether the pension can be divided.
- A court cannot order a service member to retire. The Thrift Savings Plan is divided separately, by a Retirement Benefits Court Order.
Survivor Benefit Plan (SBP)
- A share of retired pay stops when the retiree dies. Only SBP former-spouse coverage can continue income after that.
- The SBP annuity is generally 55% of the chosen base amount, and the premium is generally 6.5% of that base amount.
- Only one spouse or former spouse can be the SBP beneficiary.
- Deadlines: the member’s election must be made within one year of the divorce. A former spouse’s “deemed election” request must reach DFAS within one year of the court order. Missing this deadline can mean losing the coverage.
VA disability, CRDP and CRSC
- VA disability compensation cannot be divided as property. When a retiree waives retired pay to receive it, the divisible retired pay goes down.
- Since Howell v. Howell (2017), a court cannot order a veteran to reimburse a former spouse for that reduction. A settlement should plan for a future rating change up front.
- CRSC is not divisible. How CRDP is treated depends on the type of retirement, so it needs a case-specific review.
- Disability pay can still count as income when California child or spousal support is set.
TRICARE and former-spouse benefits
| Rule | Requirements | Former spouse keeps |
|---|---|---|
| 20/20/20 | 20 years of marriage, 20 years of creditable service, 20 years of overlap | TRICARE, commissary and exchange |
| 20/20/15 | 20 years of marriage and service, at least 15 years of overlap | TRICARE for one year after the divorce; no commissary or exchange |
Eligibility ends on remarriage, and TRICARE is not available while enrolled in an employer-sponsored health plan. A former spouse who doesn’t qualify may be able to buy temporary coverage through CHCBP by enrolling within 60 days after TRICARE ends. Because the divorce date can decide eligibility, some couples consider delaying or suspending a divorce for 20/20/20 planning.
General information, not legal advice for your case. Sources include 10 U.S.C. § 1408, DFAS and TRICARE guidance. Rules and eligibility depend on your service record and the court order.
Can military couples divorce through mediation in California?
Yes. Military couples can use mediation to resolve property, military retired pay, support, parenting, and benefit issues without asking a judge to decide their settlement. The agreement still must account for both California family law and the federal rules governing military pay and benefits.
Scott serves as a neutral mediator for both spouses. He has practiced California family law since 2004 and combines that experience with financial analysis as a CDFA®, helping you understand the legal and financial consequences before you negotiate. Either spouse may also consult a JAG or independent attorney for individual advice.
Military divorce: the details are different, and the language matters
A durable agreement must connect the retirement, benefit, income, and parenting provisions instead of treating them as separate checkboxes.
Retirement
Retired pay, TSP, and the 10/10 rule
Community interests, active-duty versus Reserve calculations, direct payment, TSP transfers, and orders written to meet pay-center requirements.
Survivorship
Survivor Benefit Plan
Former-spouse coverage, election deadlines, premiums, and the important difference between receiving retired pay and protecting income after the member dies.
Income
Pay and support
Base pay, BAH, BAS, bonuses, special pays, and other compensation must be identified correctly when evaluating child and spousal support.
Disability
VA disability, CRDP, and CRSC
Disability elections and offsets can change disposable retired pay, monthly cash flow, and the assumptions behind a negotiated settlement.
Healthcare
TRICARE and former-spouse benefits
The divorce date can affect healthcare, commissary and exchange privileges, 20/20/20 or 20/20/15 eligibility, and transitional coverage options.
Family and procedure
Parenting, deployment, and jurisdiction
Parenting plans must anticipate duty changes, while filing, retired-pay jurisdiction, and SCRA protections must be confirmed for the particular case.
Jurisdiction and deployment: two more rules to understand before you negotiate
Where you can file, whether the court can divide retired pay, and how duty affects custody each follow their own rules. Confirm them early so an otherwise clear agreement doesn’t fail in implementation.
California residency rules determine whether a divorce may be filed here. Federal law separately limits when a state court may divide military retired pay, looking to the member’s domicile, non-military residence, or consent.
California Family Code section 3047 protects a parent from losing custody merely because of qualifying deployment, mobilization, or temporary duty and provides rules for temporary orders and contact during the absence.
Military divorce is legal, financial, and practical
Attorney and financial analystScott is a California family law attorney, neutral mediator, and Certified Divorce Financial Analyst (CDFA®). He helps you organize the financial information, compare settlement options, and prepare clear settlement language and court papers.
Active-duty, Guard, and Reserve experienceRegular and Reserve retirements are earned and paid differently. Scott accounts for service time, retirement points, and the benefit’s expected payment date when helping you evaluate options.
Neutral, for both of youHe does not represent the service member against the spouse, or the spouse against the service member. Either of you can talk to a JAG or independent attorney for advice directed to you alone.
Meet from anywhereOnline mediation by video works well when one spouse is deployed or stationed elsewhere, or when duty schedules make office visits hard.
Clarity first. Then negotiation.
Military custody and parenting plans built for real life
- Deployment and reintegration periods
- Temporary duty, training, watches, and irregular shifts
- Permanent change of station and long-distance parenting
- Leave blocks and advance-notice requirements
- Video contact across time zones
- Transportation costs and exchange logistics
- Contact with extended family during an absence
- A way to handle temporary and long-term changes
Custody and co-parenting support from a specialist
When you have children, Mary Levin, a Certified Co-Parenting Specialist™, can join the mediation to help you build a custody plan that works through deployments, moves, and changing orders. She helps parents agree on communication, hand-offs, and how to handle changes, so each child stays close to both parents.
The goal is stability, without pretending military schedules are always predictable.
How military divorce mediation works
The process is structured, but flexible enough for duty schedules, deployments, and spouses living in different locations. Meetings may be online or at our office near MCAS Miramar.
Start separately
Scott meets with each spouse to understand the history, priorities, and questions that need attention.
Build the full picture
You gather pay, retirement, benefit, property, debt, and parenting information before making major decisions.
Understand options
Scott explains the California and military rules, identifies tradeoffs, and helps you compare practical outcomes.
Negotiate together
Joint sessions focus on one issue at a time, with room for individual meetings when useful.
Document the agreement
Scott prepares the settlement agreement and uncontested California divorce filings, including necessary exhibits.
Helpful records to gather
- Recent Leave and Earnings Statements
- Retirement estimates and service history
- Thrift Savings Plan statements and loan details
- VA ratings, CRDP, or CRSC information
- TRICARE and other insurance information
- Tax returns and other income records
Decisions the agreement should answer
- How retired pay and TSP will be handled
- Whether SBP coverage will continue and at what level
- How BAH, BAS, special pays, and bonuses affect support
- Who will maintain children’s health coverage
- How deployment, PCS orders, and leave affect parenting
- Who will complete each post-judgment benefit step
What clients say
★★★★★
“As a military family, we knew our divorce involved issues many mediators do not fully understand—military retirement, the Survivor Benefit Plan, TSP, VA disability benefits, BAH, deployments, and possible PCS moves.
Scott understood these issues from the beginning. He explained everything clearly, identified decisions we did not know we needed to make, and ensured neither of us felt pressured or overlooked. He was neutral, patient, and highly knowledgeable about both California family law and military divorce.
Scott guided us through difficult conversations while keeping the focus on a fair agreement and our children’s well-being. The process was organized, respectful, and far less stressful than we expected.
I highly recommend Scott Levin to any service member or military spouse seeking an experienced military divorce mediator.”
Military divorce mediation client
★★★★★
“Scott is even knowledgeable about military pay and retirements, and had my children's interest at mind in everything we did.”
Kristina V., Google Review
“I really do not know how I would have dealt with my divorce without the help of Scott.”
“He was clear and upfront about his pricing and was able to make payment plan arrangements with us.”
“Scott is very fast at returning phone calls and emails in a timely manner and always so polite.”
“I highly recommend him for anyone looking for a mediator.”
More kind words
Hear from more of our clients
Watch Scott explain how retirement is divided
Retirement is often the biggest asset in a military divorce. In this conversation with QDRO attorney Elizabeth Van Clief, Scott explains how retirement accounts and stock compensation are divided in a California divorce.
Frequently asked questions
Does a former spouse automatically receive half of military retired pay?
No. The federal law (USFSPA) lets state courts treat qualifying disposable retired pay as property under state law, but it does not require a division or set an automatic percentage. The outcome depends on the law, the facts, and your agreement or court order. A pension can also be kept by the service member, with the spouse receiving other value instead.
Does the 10/10 rule decide whether retired pay can be divided?
No. It generally affects direct payment from the pay center for a property award. It does not decide whether a spouse has a divisible interest.
Does the frozen benefit rule apply to our divorce?
It applies when your divorce decree is entered after December 23, 2016 and the service member is not yet receiving retired pay at that time. That includes a Guard or Reserve member who hasn’t reached retired-pay age, which is generally 60. It does not apply to a divorce granted before that date, even if the pension order is prepared later.
Under the rule, the former spouse’s share is based on the member’s pay and service at the divorce date, not at retirement. That amount is increased by retiree cost-of-living adjustments until the member retires. For DFAS to approve the order, it must state the member’s high-3 amount in dollars and years of creditable service (Guard and Reserve: retirement points) as of the divorce date. Members who entered service before September 8, 1980 use pay grade instead of high-3.
Can we wait to finalize the divorce to reach 20/20/20?
Sometimes. Because eligibility depends on the length of the marriage on the divorce date, some couples settle every issue and choose a later date for the divorce to become final. Whether that makes sense depends on your dates, health-care needs and other goals. Read about delaying or suspending a military divorce.
What is the Survivor Benefit Plan?
SBP is a separate benefit that can provide continuing income after a service member or retiree dies. It is not the same as sharing retired pay during the member’s life. Former-spouse elections and deemed-election requests can have strict deadlines, including a one-year deadline in many cases.
Do BAH and BAS count when support is calculated?
Military allowances and special pays may be relevant income when California child or spousal support is evaluated, even when a payment is treated differently for federal tax purposes. The complete compensation picture should be reviewed rather than relying on base pay alone.
Can disability benefits be divided?
Federal law limits treating VA disability compensation and waived retired pay as divisible property. Disability can still affect income, support, cash flow, and settlement choices, so individualized advice may be needed.
Can a deployment delay a divorce?
The Servicemembers Civil Relief Act may permit a stay when military duties materially affect a service member’s ability to participate in a civil case. California law also provides specific custody protections for qualifying deployment, mobilization, and temporary duty. Mediation can often be scheduled around those obligations.
Can we mediate while stationed outside California?
Often, yes, by video. Filing and retired-pay jurisdiction must be confirmed, and the court must have proper authority over the case and the parties.
What does military divorce mediation cost?
Scott offers flat-fee mediation so both spouses know the cost and what is included before starting. The exact quote depends on the work the case requires and is explained during the consultation.
Will Scott represent either of us?
No. When Scott mediates, he is neutral and does not advise either spouse against the other. Each of you may talk with a JAG legal assistance attorney or an independent civilian attorney for advice directed only to you. If Scott is not your mediator, he can also advise one spouse privately as a consulting attorney.
Start with a complete picture before you negotiate
A free 15-minute call is the easiest first step. Tell us about your situation and we will tell you whether neutral military divorce mediation fits your family.
Or call 858-293-1410
Need advice just for you? See consulting attorney services.
San Diego, CA 92131
Official reference points: DFAS guidance on the USFSPA, Military OneSource former-spouse rights and benefits, and California Family Code section 3047.
General information only; not legal, tax, financial, or benefits advice. Military rules and benefits change and depend on individual facts. Scott serves as a neutral mediator and does not represent either participant individually.