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 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
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
contact us online today. We're proud to offer military discounts.