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Divorcing Your Military Partner
A military divorce is a little different than civilian divorce. Specific considerations make military divorce a bit more complicated than many other divorces. If you are a military member facing divorce in Texas, it is important to work with a Houston divorce attorney who has experience handling these types of divorces.
Considerations for military families
Often, military families move frequently for different deployments, which means that the non-military spouse has either been unemployed or underemployed for the length of the marriage to support the career of their husband or wife. The military spouse might owe them spousal support since they put their own career on hold. Experienced military family law attorneys understand how to take the unique military situation into account.
Being part of the military can also impact child custody. Many courts will give primary custody to the parent who is not likely to deploy. Deployments can also limit visitation since children cannot visit their parents in war zones, which means that the noncustodial parent will often owe more child support since they will not be physically available to care for the children. Your Houston child custody lawyer can help navigate these complexities.
Pensions and Survivor Benefits
Military pensions are also an important factor for negotiation in a Houston military divorce. When someone retires from the military after serving for at least twenty years, they receive a sizable pension for the rest of their life. Typically, the former spouse receives half of the pension if they were married for at least ten years of the service period. However, this is negotiable.
There are cases where the military spouse tries to be vindictive to prevent their former spouse from receiving benefits. For example, they might retire at 19 years, right before earning the pension. Or, they might work much longer than expected, delaying the time until they withdraw the pension. People divorcing service members can write specific expectations into the divorce decree.
There is also the question of the Survivor Benefit Plan, which pays out if the military spouse is killed in the line of duty. This can also be negotiated in the divorce so that the former spouse and children can remain the beneficiaries.
Military Benefits
There are other benefits that former military spouses can be eligible for. One of these is base privileges, such as the right to use the commissary. The former spouse is entitled to these if they were married to a service member for at least 20 years, they were a service member for at least 20 years, and the marriage overlapped their time as a service member by at least 20 years. They retain those rights as long as they do not remarry. Eligibility for Tricare follows the same rules, but only lasts for up to 12 months after the divorce.
Filing For a Military Divorce
Due to deployments, spouses often have a few options for the state they decide to file their military divorce. To figure out where to file, you might want to consult a lawyer to determine eligibility.
Eaton Family Law is experienced in handling military divorces and negotiating all of the extra complexities that come with them. If you are in Houston or the surrounding areas such as Tomball and you need help, reach out to us today.
