Military assets are divisible in the case of divorce just like any other asset in a California divorce, provided the court has jurisdiction over the proceedings. It’s important for couples going through a military divorce to have a good understanding of how California divorce courts handle the division.
In 1982, the Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by Congress which gave state courts the ability to choose how or whether to divide military assets in a divorce, legal separation, or annulment.
In order to divide military assets the court has to have the authority to do so from the military spouse’s consent or the fact that the spouse is a legal resident in a California. A military member being stationed in California does not mean they are a resident and therefore does not automatically grant consent. However, the court is allowed to reasonably assume consent from both spouses in the divorce proceedings.
California divorce courts can divide a service member’s military retirement as long as the court has jurisdiction. This authority is not limited by the length of a marriage.
Contact Thorsteinson Law Group in Long Beach or Huntington Beach to help you with your divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce process. Brett Thorsteinson is a divorce lawyer who will advocate for your rights.