Divorce Attorneys in San Diego
About Military Divorces
Finding a divorce attorney who is capable of addressing military issues can be a challenge, but luckily you have come to the right place if you are looking for a military divorce lawyer. Not only do military families have to deal with the normal legal issues present in a divorce, but they also experience additional issues they must deal with, especially if they are still on active duty.
Specific Issues of Military Divorce
There are many specific issues that affect military members and retired military personnel, including:
- Military Retirement - The military retirement benefit is often the largest asset of a divorce. Any division of the military retirement depends on a great deal of factors including other assets of the marriage, the date of separation. Contrary to common perception, the military spouse is not automatically entitled to any portion of the military retirement regardless of the duration of the marriage.
- Military Disability - Military service members are often rated for a medical disability before they leave the military. As time passes, the disability rating for military member often increases. Because the disability portion of the retirement cannot directly be divided by the military, the disability can have a profound effect on the payments, if any, made to the spouse after the divorce.
Spousal Support & Alimony - The spouse of a military member can request a significant payment above and beyond the
child support payment. The payments can represent a significant portion of the service member's military or retirement pay and last for years depending.
- Child Support - The child support for a military member can constitute a large portion of the military pay. Child support is designed to benefit the child not the custodial parent. Therefore, child support should not be disguised as form of maintenance.
Contact our firm!
At Claery & Green, it is the goal of our San Diego divorce lawyers to carefully listen to clients and deliver quality legal services for whatever family issue they may be facing. If you or your spouse is a member of any branch of the military, you should speak with a skilled and experienced divorce attorney at our firm immediately to find out what can be done for you.