Avoid Costly Errors
6 Common Mistakes Military Couples Make During California Divorce
Errors That Can Derail Your Case and Cost You Benefits
Prevention Saves More Than Money
Military divorce demands precision. A single error in pension division language can result in DFAS rejecting a court order, forcing months of delay and additional legal work. A missed deadline for SBP election can impact a former spouse lifetime annuity protection. An incorrect assumption about jurisdiction can leave a spouse with no enforceable claim to retirement benefits at all.
At Hayat Family Law, we have represented clients from Oceanside to Coronado and seen these mistakes cause unnecessary suffering. Learning from others’ errors prevents you from repeating them. Here are the six most common and damaging mistakes we encounter in California military divorce cases.
Mistake 1: Assuming the 10/10 Rule Bars All Claims
Many spouses believe that if their marriage lasted less than 10 years overlapping with service, they cannot receive any retirement benefits. This is false. California courts can divide military retirement regardless of the 10/10 rule. The rule only affects whether DFAS pays directly. Spouses who accept this myth walk away from substantial property rights.
Mistake 2: Using Generic Divorce Decree Language
DFAS rejects court orders that lack specific language. A decree stating simply that retirement is divided equally will not work. The order must specify the exact percentage or dollar amount, identify the member by Social Security number, and comply with federal formatting requirements. Generic language wastes time and money.
Mistake 3: Ignoring the SBP Election Deadline
Former spouses must elect Survivor Benefit Plan coverage within one year of the divorce decree. Missing this deadline permanently forfeits the right to lifetime annuity protection. Many spouses do not learn about this deadline until it has already passed. The election requires specific forms and submission to DFAS, not just a mention in the divorce agreement.
Mistake 4: Failing to Address TSP Division
The Thrift Savings Plan requires a Retirement Benefits Court Order, not a QDRO. Attorneys unfamiliar with military divorce often submit the wrong document type, causing rejection and delay. The RBCO must contain specific information including the participant’s Social Security number, the exact award amount or percentage, and the valuation date.
Mistake 5: Overlooking VA Disability Impact
Service members sometimes waive retirement pay to receive VA disability compensation. Because disability pay is not divisible as property, this waiver reduces the disposable retired pay available for division. Former spouses who do not address this possibility in the divorce agreement may see their retirement share shrink dramatically after the member retires.
Mistake 6: Neglecting California Residency Requirements
California requires six months of state residency and three months of county residency before filing for divorce. Military families sometimes file prematurely because they assume that being stationed in California satisfies the requirement. If the service member maintains legal residence elsewhere, additional analysis may be needed to establish proper jurisdiction for pension division.
Avoid These Mistakes With Proper Guidance
Military divorce requires specialized knowledge. Work with attorneys who understand both California law and federal military regulations.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
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