California  |  Military Law

Legal Question

Asked on: 12/30/12, 1:02 pm

Iam in the military and iam getting a divorce how much money am i required to pay my ex

1 Answer

Answered on: 1/09/13, 12:03 pm by Robert Kubler

Your military pension is governed by Federal law (USFSPA) and whether the court can divide that is a jurisdictional question. Where is your home state? At the time of filing were you a resident of CA for reasons other than a military assignment? Are you domiciled within the Court's jurisdiction? Did you consent to the court but preserve your objection to the pension if not?

The California court can make a determination of dividing up the property and making any possible support awards which could take into consideration any federal pension provided they have jurisdiction over it. Also a lot depends on how long you were married, your assets and whether she is working or staying or had stayed home with kids during the marriage.

You could ask JAG for advice. I'm told they can help with a MSA, but if you want representation, I can offer my assistance. Feel free to email me for a free online consultation.

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