Military Divorce Terms: A Plain-English Glossary for California Cases

Military divorce terms are the federal and California words that decide how a service member's divorce works: who can divide retired pay, how a former spouse gets paid, what protections apply during deployment, and how custody adjusts to military orders. Knowing what USFSPA, SCRA, DFAS, SBP and the 10/10 rule mean makes the whole process easier to follow.

Most people facing a military divorce in California meet these terms all at once, in a petition, a settlement draft or a conversation with a spouse, before anyone has explained them. A Navy spouse in San Diego County may hear that "the 10/10 rule decides the pension," or a Marine may be told a deployment "freezes the case." Some of what gets repeated is half right, and the half that is wrong can shape real decisions about money and children.

This glossary walks through the terms in the order they tend to come up: the federal statutes, the different kinds of military pay, the rules people confuse most, California's property and custody rules, the procedural protections for service members, and survivor benefits. It defines terms; it does not give advice about any one case.

What Makes Military Divorce Different from a Standard California Divorce

A military divorce in California is still a California divorce. California family law decides whether the marriage ends, how community property is divided, whether support is ordered and how custody is arranged. Federal law sits on top of that and decides what can be done with military retired pay and benefits, and what protections a service member has in court.

Three federal statutes come up again and again. The Uniformed Services Former Spouses' Protection Act (USFSPA) deals with dividing military retired pay. The Servicemembers Civil Relief Act (SCRA) gives procedural protections to service members in civil cases, including divorce and custody. The Survivor Benefit Plan (SBP) statutes govern an annuity that can continue for a former spouse after the member dies.

For a family in San Diego County, the case is heard by the Superior Court of California, County of San Diego. The judge applies California law to the divorce and must work within federal law when the order touches retired pay, survivor benefits or a service member's right to appear. Many of the terms below exist because those two systems meet in one case.

Federal Statutes That Govern Military Divorce

USFSPA (10 U.S.C. § 1408). The USFSPA is the federal law that lets a state court treat military retired pay as property it can divide, and lets the Defense Finance and Accounting Service pay a former spouse under a qualifying court order. Its definition of "court" in 10 U.S.C. § 1408(a)(1) includes any court of competent jurisdiction of any State, which is how a California court enters the picture. The USFSPA does not hand a former spouse any share on its own. A former spouse's share comes from a state court order dividing the retired pay under the governing law, and for California families that law is California community property law.

SCRA (50 U.S.C. §§ 3931–3932). The SCRA protects people in military service when they are parties to civil cases. Its two provisions that matter most in divorce are the protection against default judgments in 50 U.S.C. § 3931 and the stay of proceedings when a service member has notice in 50 U.S.C. § 3932. Both expressly apply to child custody proceedings. "Servicemember" means a member of the uniformed services, and "military service" means active duty for Army, Navy, Air Force, Marine Corps, Space Force and Coast Guard members, active service for commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, and certain other periods, including absence on account of sickness, wounds or leave (50 U.S.C. § 3911). These protections are explained in more detail below.

SBP (10 U.S.C. § 1447 and following). The Survivor Benefit Plan is the federal program that lets a member provide a monthly annuity to beneficiaries after the member dies, and a former spouse can be one of them. The definitions section, 10 U.S.C. § 1447, defines terms such as "standard annuity," "reserve-component annuity" and "base amount." How the annuity is paid appears in 10 U.S.C. § 1450.

Military Pay and Benefits Terminology

One of the hardest parts for many military families is that several different payments arrive from different places, and people tend to call all of them "the pension." In law they are four separate payments.

Military retired pay. This is the monthly payment a member receives after qualifying for military retirement. A California court can divide it as property under the USFSPA, but only through a court order. The Defense Finance and Accounting Service describes the base for a former spouse's payment as disposable retired pay, which it defines as "gross retired pay less authorized deductions," and the deductions depend on when the divorce took place (DFAS, Maximum Payment). A share of retired pay earned while the couple was domiciled in another state may still be reached in California as quasi-community property under Family Code section 125.

VA disability compensation. This is a separate federal benefit paid by the Department of Veterans Affairs for service-connected disability. It is not retired pay. DFAS explains that the law requires a retiree to waive a portion of gross retired pay, dollar for dollar, by the amount of VA disability compensation, which is called the VA waiver or VA offset (DFAS, VA Waiver and Retired Pay). Amounts waived to receive Title 38 compensation are among DFAS's listed deductions from disposable retired pay.

Concurrent Retirement and Disability Pay (CRDP). CRDP is a payment that restores retired pay for certain retirees who waive retired pay to receive VA disability compensation. Its authority is 10 U.S.C. § 1414. DFAS states that retirees do not apply for CRDP; if eligible, it is processed once DFAS is notified of the VA compensation.

Combat-Related Special Compensation (CRSC). CRSC is a monthly payment for a combat-related disability under 10 U.S.C. § 1413a. It is a different program from CRDP, and DFAS notes that a retiree must apply to the branch of service to receive it.

These are four different payments. They are not one military pension, and none of them is another under a different name. How each is treated in a particular divorce is a fact-specific legal question.

Which payments a California court can divide. Military retired pay can be divided as community property by court order (10 U.S.C. § 1408). VA disability compensation is not retired pay and is not divided the same way; a retiree waives a portion of retired pay dollar for dollar to receive it. CRDP restores retired pay a retiree waived for VA disability compensation (10 U.S.C. § 1414) and is processed once DFAS has notice of the VA award. CRSC is a separate combat-related-disability payment (10 U.S.C. § 1413a) that requires its own application to the branch of service. The Thrift Savings Plan, SGLI and transferred GI Bill benefits each raise their own facts; those pages cover what applies to each.

BAH and BAS. The Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS) are allowances paid to active-duty members for housing and food. They are allowances rather than basic pay, and they often come up when a court looks at a member's income for support.

DFAS. The Defense Finance and Accounting Service is the federal agency that pays military retired pay and, where the law allows, pays a former spouse's court-ordered share directly. DD Form 2293 is the DFAS Application for Former Spouse Payments from Retired Pay. DFAS also notes that a Qualified Domestic Relations Order is not required to divide retired pay, as long as the former spouse's award is set out in the court order (DFAS, Legal Overview).

The 10/10 Rule: What It Does and Does Not Mean

A common misreading goes like this: "We were not married long enough for the 10/10 rule, so the retired pay cannot be divided." That is not what the rule does.

The 10/10 rule takes its name from a required overlap between the length of the marriage and the member's years of creditable military service. It answers one narrow question: whether DFAS can pay the former spouse's share of retired pay directly, rather than through the member.

It does not decide whether retired pay can be divided at all. A California court may divide retired pay as community property whether or not the marriage and service overlap enough to meet the 10/10 threshold. When it is not met, the division can still be ordered; the difference lies in how payment reaches the former spouse. The 10/10 rule is a payment-mechanics rule, not an entitlement rule. A separate rule with a similar name, the 20/20/20 rule, deals with benefits rather than retired pay.

The 20/20/20 Rule and Former Spouse Benefits

The 20/20/20 rule is the source of a lot of hope, and some disappointment, for long-married spouses. Its name refers to three length-of-time tests: the length of the marriage, the member's years of creditable service, and the overlap between the two. When all three are met, along with other conditions, a former spouse may keep certain military benefits in their own right after the divorce.

TRICARE. TRICARE is the military health care program. A former spouse's continued eligibility generally depends on meeting the 20/20/20 test and other conditions, and eligibility can be lost through later events. A spouse is listed as a "dependent" of a member for military health care purposes in 10 U.S.C. § 1072, which is why the question of what happens after divorce arises at all.

Commissary and exchange access. Shopping privileges at military commissaries and exchanges are also among the benefits a qualifying former spouse may keep.

These benefits are separate from retired pay and from the SBP annuity. A broader look at military spouse benefits after divorce explains how they fit together.

California Community Property Rules in a Military Divorce

Family Code section 760 states the starting rule: "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." Domicile means a person's true, settled home, which can differ from where military orders place a family.

The time rule. California courts usually find the community share of military retired pay with a proportional formula, often called the time rule or coverture fraction. It compares the years of service during the marriage with the member's total years of service. Related questions about which rank and years of service count are covered under the frozen benefit rule.

Valuation timing. Under Family Code section 2552(a), the court values assets and debts "as near as practicable to the time of trial." On 30 days' notice and good cause, it may value all or part of the estate at a date after separation and before trial (section 2552(b)).

Preliminary declaration of disclosure. Under Family Code section 2104(f), the petitioner serves it with the petition or within 60 days of filing the petition, and the respondent serves it with the response or within 60 days of filing the response, unless the parties extend that time by written agreement or the court extends it by order.

Final declaration of disclosure. Under Family Code section 2105(a), each party serves a final declaration of disclosure and a current income and expense declaration before or at the time the parties enter into an agreement resolving property or support issues other than temporary support, or, if the case goes to trial, no later than 45 days before the first assigned trial date, except by court order for good cause. The parties may mutually waive the final declaration, but under section 2105 that waiver must be executed under penalty of perjury, in open court or by separate stipulation.

Separate-property reimbursement. Under Family Code section 2640(b), a spouse who traces separate-property contributions toward community property is reimbursed, unless that spouse made a written waiver of the right or signed a writing that has that effect. The Moore/Marsden apportionment is the opposite situation: community money paying down a loan on one spouse's separate-property home.

Six-month waiting period. Under Family Code section 2339, a judgment ending the marriage is not final until six months after the date the summons and petition are served or the date the respondent appears in the case, whichever occurs first. The court may extend that period for good cause.

Custody and Support Terms in Military Divorce Cases

If you are in immediate danger, call 911.

For parents worried about how deployment or a move will affect their time with a child, the custody vocabulary carries the most weight. California built some of it with military families in mind.

Best interest of the child. Custody and visitation are decided by the child's best interest. Family Code section 3011 lists factors the court must consider, including the child's health, safety and welfare; a history of abuse; and the habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances.

Frequent and continuing contact. When granting custody to either parent, the court considers, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with sections 3011 and 3020 (Family Code section 3040(a)(1)).

Reasonable visitation. Under Family Code section 3100(a), the court grants reasonable visitation to a parent when it is shown that visitation would be in the child's best interest.

Custody mediation. When custody or visitation is contested, the court must set the contested issues for mediation (Family Code section 3170). In San Diego County, that mediation is child custody recommending counseling with the court's Family Court Services. Domestic violence cases are handled by Family Court Services under a separate written protocol approved by the Judicial Council (section 3170(b)).

Child custody recommending counselor. Under Family Code section 3183(a), except as provided in section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court on custody or visitation if the mediator has first given the recommendations in writing to the parties and their attorneys, including counsel for any minor children, before the hearing. Family Court Services calls this person the Family Court Counselor and says that if no agreement is reached, the counselor makes a recommendation and the court hearing proceeds. The judge makes the decision.

Deployment and temporary orders. When a parent with custody or visitation receives temporary duty, deployment or mobilization orders that materially affect parenting time, any needed change to the custody order is treated as a temporary order made without prejudice, reviewed when the parent returns (Family Code section 3047(b)(1)). On the relocating parent's motion, the court may grant reasonable visitation to a stepparent, grandparent or other family member only if it makes the findings Family Code section 3047(b)(3)(B) lists. More on this appears in the guide to military parenting plans.

PCS and residence changes. A Permanent Change of Station (PCS) is a military order moving a member to a new duty location. If the court does not consider it inappropriate, a custody order may require a parent to notify the other parent before changing the child's residence for more than 30 days, unless there is prior written agreement to the removal; to the extent feasible, notice is given at least 45 days before the move, to allow time to mediate a new custody agreement (Family Code section 3024).

Domestic violence presumption. Under Family Code section 3044(a), a finding that a parent perpetrated domestic violence within the previous five years creates a rebuttable presumption that awarding that parent sole or joint custody is detrimental to the child. Under section 3044, neither the preference for frequent and continuing contact with both parents nor the preference for contact with the noncustodial parent may be used to rebut it, in whole or in part.

Ex parte custody order. An emergency order made without the usual notice requires a showing of immediate harm to the child or immediate risk that the child will be removed from California (Family Code section 3064(a)). Immediate harm includes, among other things, a parent's recent or continuing acts of domestic violence and recent or continuing sexual abuse of the child, and the court must consider a parent's illegal access to firearms and ammunition.

Spousal support. California sets spousal support by weighing the factors listed in its spousal support statute, the same factors used in any California divorce. Military income, including allowances, is part of that picture. The details are covered in the page on military spousal support.

SCRA Protections: Stays, Default Judgments, and What They Mean in Practice

For a spouse in San Diego County whose partner is at sea or deployed overseas, the SCRA often explains why a case slows down.

Stay of proceedings (50 U.S.C. § 3932). A stay is a pause in the case. It applies when a party is in military service, or within 90 days after release from military service, and has received notice of the case. At any stage before final judgment, the court may grant a stay on its own motion, and must grant one on the service member's application, for not less than 90 days, if the conditions are met. The application includes a letter or other communication stating how current military duty materially affects the member's ability to appear and a date when the member will be available.

Protection against default judgments (50 U.S.C. § 3931). A default judgment is one entered when the other side never appears. Before entering judgment in a case where the defendant has not appeared, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service, with supporting facts, or stating that the plaintiff cannot determine it. If the defendant appears to be in military service, the court may not enter judgment until it appoints an attorney to represent the defendant.

Practical effect. These protections can lengthen the timeline of a California divorce when one spouse is on active duty. They also mean a judgment entered without following them can be vulnerable later.

PCS and jurisdiction. A PCS move can affect where a divorce may be filed, which state counts as a child's home for custody purposes and which state's law reaches the retired pay. Those questions turn on domicile and residence, not only on where orders send the family.

Survivor Benefit Plan: Key Terms and How the Annuity Works

The SBP is the piece that protects a former spouse's income after the member dies, since 10 U.S.C. § 1408 payments of retired pay stop at the member's death; DFAS states that the right to USFSPA payments terminates upon the death of the member or former spouse, unless the court order ends them earlier.

Annuity. Under 10 U.S.C. § 1450(a), the SBP annuity is paid effective as of the first day after the death of the member, or on another day the member provides under subsection (j). Beneficiaries can include an eligible surviving spouse or eligible former spouse, and in some situations dependent children.

Kinds of annuity. The statute distinguishes a "standard annuity" from a "reserve-component annuity" (10 U.S.C. § 1447(2) and (3)).

Base amount. The "base amount" is the figure the annuity is calculated from. Under 10 U.S.C. § 1447(6), its definition depends on the kind of annuity, so no single description fits every case.

Former spouse coverage. A California divorce judgment may require the member to provide former-spouse SBP coverage. DFAS lists SBP premiums for a former spouse who is receiving part of the retired pay among the deductions from disposable retired pay.

What SBP is not. The SBP is not life insurance and is not VA dependency and indemnity compensation. They are separate programs with separate rules.

If You'd Like to Talk Through How These Terms Apply

A glossary can explain what the 10/10 rule or an SBP election means, but it cannot say how those rules meet the dates of a particular marriage, a particular service record and a particular set of orders. A consultation is a place to raise those questions. Military Family Law Advocates practices California family law only and works with military families in San Diego County.

To schedule a confidential consultation about military divorce in San Diego County, call Military Family Law Advocates at 888-771-0460.

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