There are many aspects of a military divorce in California that can make the entire process more complicated. Constant changes in schedules due to deployment and other duty requirements can be seen as a drawback, but there are also some benefits that can be found in this type of divorce. We at the Law Office of Steven Medearis can explain the Uniformed Services Former Spouse's Protection Act and how it can help you.
According to the Defense Finance and Accounting Service, the fact that you had a spouse in the military does not automatically qualify you to receive payment under the USFSPA. When you are completing the negotiations of a dissolution, annulment, divorce or legal separation and determining property division, the final court order must include payment of a portion of your ex-spouse's retirement pay as awarded by the judge. If this is done, you will be entitled to receive a portion of this fund.
While many former couples qualify for enforcement by the Act, there are several situations that do not meet requirements. In some cases, your entitlement to the retirement pay can be covered under the USFSPA, even if your divorce happened decades ago. Some court orders that were issued before June 26,1981, can still be eligible if all qualifications of the Act are met.
If your ex-spouse refuses to deliver the payments according to the prescribed timing, the USFSPA dictates how you can enforce the order with help from the Department of Defense. For more information on the best ways to handle a military divorce, please visit our web page.
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