Representing the Interests of Military Families
Individuals who make the decision to serve in the military are rewarded for their dedication with significant benefits. Among those benefits is quality health care for themselves and their families. When a military family goes through a divorce, continued access to military benefits for a servicemember’s former dependents can be a challenging issue to resolve.
If you are going through a divorce involving a member of the U.S. Armed Forces, you should consult an experienced military medical benefits lawyer in Orange County for effective legal representation. At Moshtael Family Law, our legal team has decades of experience in various California family law matters, including those related to military medical benefits. We will work diligently to help ensure you and your family’s legal rights and interests, with regard to military benefits, are protected.
Military servicemembers and their dependents have access to quality and affordable healthcare. Active duty military personnel automatically get access to the Department of Defense’s TRICARE Prime medical program. Like employer-provided health insurance, TRICARE Prime helps military servicemembers cover the cost of medical treatment.
TRICARE benefits extend to the following:
- Dependents of Active Duty servicemembers
- Dependents of servicemembers who retired or died
- Certain individuals who separated from a servicemember
Additionally, the Department of Veterans Affairs (VA) provides various medical benefits for veterans. Divorces involving military families in California deal with issues of dividing marital property and financial support for children and former spouses.
At Moshtael Family Law, we can advise you on matters such as:
- Dividing military benefits upon divorce – Property divisionissues are governed by California community property rules. All community property is subject to equal division upon divorce. Generally, community property includes property a married couple acquired during marriage.
- Medical benefits and spousal support obligations – California courts consider several factors when determining issues of spousal support. Among those factors is the length of the parties’ marriage, the financial resources of the parties, and the standard of living to which the parties grew accustomed while married.
- Medical benefits and child support obligations – In California, child support obligations depend on the financial conditions of the parties, time spent with each parent, and the needs of the children.
The Federal Uniformed Services Former Spouses Protection Act (USFSPA)
Under the USFSPA, a former spouse of a military servicemember is eligible to continue receiving TRICARE medical benefits even after their marriage has ended through death or divorce, in the following circumstances:
- A minimum of 20 years of military service
- A minimum of 20 years of marriage
- A minimum of 20 years overlap between military service and marriage
However, marriages with only a 15-year overlap with the servicemember’s 20 years of military service are entitled to medical benefits for a transitional period of up to one year.
For Comprehensive Legal Counsel, Call Moshtael Family Law
If your divorce involves issues regarding rights to military benefits, you stand to benefit from the counsel of a professional military medical benefits attorney in Orange County. At Moshtael Family Law, you can count on us to provide you with comprehensive legal representation and advocacy to help ensure your rights to military medical benefits are not unjustly compromised.
