Southern California Military Divorce Lawyer

If you’re facing a military divorce, start with the decisions that may be hard to undo. Who will pay a former spouse’s share of military retirement? What happens to health coverage when the divorce is final? How will the parenting schedule work if a parent deploys or receives transfer orders? Edgar & Dow represents servicemembers and spouses across Southern California in divorce and disputes that arise after judgment.

Find guides on retirement, benefits, support, and custody. Preparing for a consultation? Use the military divorce checklist to see which records to gather.

Request a case evaluation or call (888) 251-9618.

Military retirement and property division

Before you agree to a retirement provision, establish whether the court has authority to divide the retired pay, what share can be awarded, and how it will be paid. Under the Uniformed Services Former Spouses’ Protection Act, a court’s authority to divide military retired pay as property depends on the servicemember’s domicile, residence for reasons other than military assignment, or consent to the court’s jurisdiction. See 10 U.S.C. § 1408(c)(4).

The 10/10 rule governs direct payment of a property award through the Defense Finance and Accounting Service (DFAS). A California court with jurisdiction may award a community property share even if the marriage and creditable service overlap by fewer than 10 years. In that situation, the order needs a workable way for the former spouse to receive and verify payments. We also review retirement orders that DFAS has rejected or that need clarification after judgment.

Survivor coverage and health benefits

If continued income after the servicemember’s death matters to your settlement, address Survivor Benefit Plan coverage before the judgment is entered. Review who will make the former-spouse election and when it must be filed. If you rely on TRICARE, check whether you qualify for continued coverage and make a plan for any gap before the divorce is final.

Child support and spousal support

Bring a recent Leave and Earnings Statement and any existing orders and payment records. We review basic pay, allowances, and special pay when evaluating support. If payments have fallen short, we compare the amount ordered, the amount withheld, and the amount received to identify where the discrepancy arose. See our guide to enforcing support against military pay or retirement.

Custody during deployment or a transfer

A parenting plan should say what happens while a parent is away and how the regular schedule resumes. We help families work through school breaks, travel costs, exchanges, and contact during deployment. If a transfer could move a child out of state or there is already an order from another state, bring the orders and the child’s residence history. Read our guide to deployment and California child custody.

Serving military families across Southern California

We represent military families connected to March Air Reserve Base, Marine Corps Base Camp Pendleton, and the Marine Corps Air Ground Combat Center at Twentynine Palms, as well as families throughout Southern California. For help in the Inland Empire, see our Riverside military divorce practice.

Talk with a Southern California military divorce lawyer

Bring any current court orders, recent pay statements, retirement records, and deployment or transfer orders you have. If you’re reviewing a proposed settlement, bring that too. We can walk through what needs attention first and what the agreement or court order should address.

We offer a free case evaluation and a 25% discount on our hourly rates for active-duty, retired, and reserve military members. Request a case evaluation or call (888) 251-9618.