Handling Dual Military Couple Divorces
Two uniforms, two sets of orders, two pensions, and one living room fight over who gets the dog. Dual military divorces in California create a chess board where each move affects federal benefits, state jurisdiction, and future deployment schedules.
Most family lawyers have never seen two LES statements in the same file, so they miss traps like overlapping GI Bill benefits, conflicting Survivor Benefit Plan elections, and competing claims for the same BAH differential. Specialized counsel keeps the battlefield from spreading into a second theater: the courtroom.
Jurisdiction Games When Both Spouses Are Mobile
- California can claim jurisdiction if either spouse is stationed here, even if domicile is elsewhere
- We file first in the county where the children have lived for six months to lock home state status
- We coordinate SCRA stays so one spouse cannot delay while the other deploys
Last year we represented an Air Force pilot against a Navy diver; we filed in Santa Monica while she was at sea, ensuring California kept the kids’ home state advantage. The judge stayed her response under SCRA but refused to transfer venue, so the entire case resolved here after she returned.
Dividing Two Pensions Without Double Taxation
Each pension is valued separately using the coverture formula, but we stagger the division dates so promotions earned after separation stay with the earning spouse. We also negotiate who keeps the SBP election because dual military couples cannot both insure each other; the premium would exceed retired pay. Instead we award SBP to the lower ranking spouse and buy out the higher earner with a lump sum or larger TSP share.
And we watch for concurrent receipt: if one spouse has a VA rating above 50 percent, they can collect tax free disability and full retirement, effectively creating a hidden income stream we include in support calculations.
Custody Plans That Survive Two Careers
Standard alternating weeks implode when both parents can deploy. We build a “first right of refusal” chain that includes grandparents, reliable civilian friends, and on base child development centers. The plan also specifies virtual visitation windows that adjust for time zones and ship communications.
We include a clause that whichever parent is not deployed assumes primary physical custody automatically, removing the need for emergency motions every time orders change. Judges love the clarity and the kids love the consistency.
Two uniforms does not have to mean double legal fees. Bring both LES statements to our free consult and we will run a dual pension valuation, craft a deployment proof custody plan, and file the case in the California county that gives you the fairest financial outcome.
