Child Support and Spousal Support in a Military Divorce
It is a known fact that it is more common for the dependent spouse of a service member to be unemployed than the dependent spouse of a civilian. The primary reason for this is that the family must move every couple of years when the military member is re-stationed, which leaves little room for the spouse to consider, let alone develop, a career of their own. For this reason, in military divorces we see relatively higher levels of spousal and child support at the outset of the case.
Whether you are a military member or a military spouse, you need to understand your rights when it comes to spousal support and child support. Our Carlsbad military divorce lawyers can help you understand what you can expect to pay or to receive in financial support.
Division of Military Retirement or Thrift Savings Plan Retirement (TSP)
Many military service members will eventually retire from the military and receive the benefits of military retirement. Many will also have contributed to a government-sponsored savings account called the Thrift Savings Plan.
Generally, retirement accounts in California divorces are divided pursuant to community property law. However, in military divorce cases, sometimes the military member may have the option of having the law of his or her home of record control the division of the retirement account. If the law in that State is more favorable, then the military member must identify this issue at the very beginning of the case. Failure to do so could potentially waive the military member’s right to object to the California court dividing the retirement according to community property law.
Trusted Legal Representation for Servicemembers and Spouses in San Diego County
The concentrated military presence in San Diego County has given us at GYL the unique opportunity to represent many divorce, support, and custody cases for our country’s heroic servicemembers. This is an honor that we do not take lightly. When facing divorce as a military family, you can turn to GYL for honest, straightforward, and trusted legal support. We know divorce law. We know military law. And, most importantly, we know how to protect your best interests throughout the process.