Rancho Cucamonga Military Divorce Attorney
Do You Know How Your Benefits Will Be Divided?
One of the most contentious parts of any divorce is determining how assets will be divided, and it can become increasingly complicated depending on what needs to be split between you and your soon-to-be ex-spouse.
Military benefits can add an extra layer of difficulty to an already complicated process, because certain laws may come into play that dictate which, if any, benefits can be divided by the court.
Hiring a qualified attorney can secure you the resources you need to answer any question you may have and tackle any complication that stands in your way.
An Experienced Lawyer Can Help Your Case
If either you or your spouse currently or previously served in the United States Armed Forces, it may be in your best interest to hire an experienced attorney to help you best prepare for and handle your military divorce case in Rancho Cucamonga.
The Rancho Cucamonga military divorce lawyers at Family Law Advocacy Group have provided clients with the best legal assistance they can offer in order to help them navigate this difficult time in their life.
Submit our online contact formto request a free case consultation.
Benefits for Former Military Spouses
Civilian ex-spouses of someone who served in the military may be eligible to receive certain benefits under the Uniformed Services Former Spouse Protection Act (USFSPA), though the extent of the benefits depends on how long the member of the armed forces served and how long the marriage lasted.
The spouse who served in the military must meet the requirements laid out in either the 20/20/20 or 20/20/15 rules in order for the civilian spouse to qualify for full commissary, health care, and exchange benefits following their divorce.
Qualifications for the 20/20/20 Rule
- You and your spouse must have been married for 20 years or more.
- The spouse who served in the military must have performed 20 years of creditable military service or more, and may either remain an active service member or be retired to qualify.
- You and your spouse must have been married for at least 20 years while they performed their creditable military service.
Qualifications for the 20/20/15 Rule
- You and your spouse must have been married for 20 years or more.
- The spouse who served in the military must have performed 20 years of creditable military service or more, and may either remain an active service member or be retired to qualify.
- You and your spouse must have been married for at least 15 years while they performed their creditable military service.
As long as all three requirements are met, the civilian spouse can retain their military health care for up to one year after the divorce is finalized, but does not qualify for either commissary or exchange benefits.
Retirement Pay
These rules only outline what benefits the civilian spouse can expect to keep following the divorce – neither addresses what can happen to the service member’s retired pay. The civilian spouse isn’t guaranteed any portion of the pay under USFSPA, however, the state may treat it as disposable income during the property division portion of the divorce process. It can also be used to fulfill alimony and/or child support payment obligations.
Hire a Qualified Attorney To Handle Your Case Today
Divorces can be incredibly emotionally and financially stressful processes, even in the most straightforward of cases. At Family Law Advocacy Group our Rancho Cucamonga military divorce attorneys have dedicated their careers to providing individuals and families with the experienced legal representation they need during this difficult time.
If you are looking to hire a knowledgeable and passionate divorce attorney to help you handle your case, call us at (909) 992-0188to talk to a member of our firm or submit our online form to request a free case evaluation today.
Trusted, Respected, & Highly Recommended
At Family Law Advocacy Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"They will work until they get the best outcome for your case."They are very caring, compassionate and understanding. Family Law Advocacy Group puts themselves in your shoes. If I could give more than 5 stars I would!- Briana Gastelum
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"Family Law Advocacy Group has been a godsend and I can't thank them enough for all that they've done."I know how difficult it is to find a new attorney to handle such personal matters in your life so I feel fortunate to have engaged them.- J Kim
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"They are very confident attorneys despite the complexity of the case and show up READY!"Family Law Advocacy Group are true professionals! They were quick to prepare on such short notice; organized, punctual and calm under pressure. They have equal amounts of empathy as they do fight.- Sari De La Cerra
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"Family Law Advocacy Group provides some of the best law services around."My attorney is responsive, thorough, and made sure I had complete understanding of my options. And, to those whom are reading this, don't go to court without him. And for those who find themselves at the opposite table of Family Law Advocacy Group, PRAY...- Darrel Gomez
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"I am so grateful to have found someone who takes interest in their clients and cares."Family Law Advocacy Group has some of the few attorneys who are very attentive to detail and what is in the best interest of their clients.- Rachel Bello