Military Medical Benefits Over 200 Years of Combined Experience in Family Law

Military Medical Benefits Attorneys in Orange County

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.

Call our office at (714) 909-2561 to discuss your case with one of our dedicated lawyers today.

Military Medical Benefits in California Divorces

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 (FUSFSPA)

Under the FUSFSPA, 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.

To schedule an initial case evaluation exploring the merits of your case, call us at (714) 909-2561 or contact us online today. We're proud to offer military discounts.

A Proven Track Record

from Hundreds of Previous Clients
  • Amazing lawyer to help you in your journey for family law matters.

    “I highly recommend Navid and his amazing team. I reached out to him on Yelp and he answered me right away. From the moment I talked to him, he understood exactly what I wanted to accomplish. He's very ...”

    - Carmen E.
  • He is truly OUTSTANDING and am so happy to have him on my case!!!

    “I'm overall VERY happy with Navid and his work and support. He really brought it on during the hearing and far exceeded my expectations. He put me at ease and really fought for me. He made me feel so ...”

    - Emily K.
  • I thank them from the bottom of my heart, and I look forward to working with them in the future!

    “Words cannot express my gratitude for the services provided for me and my daughter. Both Navid and Sana are amazing people and wonderfully gifted in what they do to help others. I feel like a huge ...”

    - Emilie B.
  • They actually listened to me and valued my opinion.

    “Thank you Navid Moshtael for taking such good care of me in my long- drawn out-ugly divorce. This firm clearly puts family first and really listens to you. I knew I was in good hands knowing how ...”

    - Juli F.
  • He is an energetic and aggressive attorney and is willing to fight for your rights until the last min.

    “If you have a really complicated and international case just like I have, Navid Moshtael is the best choice for you. He has always outstanding and strategic approach to the case, and can always make ...”

    - Kate Y.
/