San Diego Military Divorce
A divorce can be a complicated process if the couple has children and assets (houses, bank accounts, retirement plans, cars, boats, and other financial goods). A San Diego military divorce can be even more complicated because other factors come into play.
Deployment and Divorce
After you file for a divorce, the courts expect you to make progress in finding an agreement that will allow you and your spouse to separate in an agreeable manner. However, if one or both spouses are on active duty, they may not be able to meet the deadlines. A military divorce lawyer will be able to help you with the timeframe as to when paperwork needs to be filed.
Child and Spousal Support
For those in the military, the combined amount for child and spousal support cannot exceed 60% of the payer’s income. This rule is specific to military personnel and does not apply to civilians. Make sure that your divorce settlement reflects that rule.
Military Retirement Benefits
A successful career in the military entitles a military officer to retirement benefits. But, in the case of a divorce, how much of these benefits will extend to the ex-spouse? Speak to a San Diego military divorce lawyer to get the facts.
Because of the inherent dangers of being in the military, officers often have a Survivor Benefit Plan (SBP). This plan pays monies to the surviving spouse so that they can manage their lives despite the loss of a spouse. However, if the officer died after a divorce, the surviving spouse may not be eligible for the Survivorship Benefits. In addition, if the officer marries someone else, the benefits will go to only one of the spouses, not both. As you can imagine, this can get quite messy.
If you need more information regarding San Diego military divorce proceedings, please contact us by Email or telephone: (858) 255-1321.
Skype consultations available. We can file while you are on deployment. Start right away. Don’t wait because there is a 6 month waiting period after serving.