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Divorcing An Enlisted Partner
A military divorce comes with unique challenges that set it apart from a typical civilian divorce. Special rules and considerations often apply, making the process more complex. Our experienced Texas military divorce attorneys understand the intricacies involved and are well-equipped to guide you through every step of the separation process. Whether it’s deployment, benefits, or jurisdiction-related issues, you can rely on our proven expertise.
Negotiating Pension Allotment
Military pensions often play a significant role in the division of assets during a Texas military divorce. After 20 years of service, a military member becomes eligible for a substantial, lifelong pension. Generally, if the couple was married for at least 10 of those service years, the former spouse may be entitled to receive up to 50% of the pension.
However, this isn’t a hard rule, and divisions can vary based on the terms negotiated in the divorce. Some spouses may receive less than half, while others married for fewer than 10 years can still receive a portion. It’s important to note that the military will not pay more than 50% of the pension directly to an ex-spouse; if a court awards more, the military member is responsible for making up the difference.
In some cases, the military spouse may try to avoid sharing benefits. They could do this by delaying their retirement or retiring at 19 years to avoid pension qualification. To prevent this, the divorce decree can include specific provisions outlining what the non-military spouse expects to receive.
Additional Military Benefits To Consider
Former military spouses may also be eligible for various other benefits. One example is continued base-access privileges, such as the ability to use the commissary or exchange. To qualify, the former spouse must meet what’s commonly referred to as the “20/20/20 rule.” The couple must have been married for at least 20 years, the service member must have completed at least 20 years of military service, and the marriage must have overlapped the military service by at least 20 years. If these conditions are met, the former spouse can retain their privileges as long as they remain unmarried.
Tricare health coverage also follows a similar guideline, but with a key difference. A former spouse may continue receiving Tricare coverage under the same 20/20/20 rule, but it typically only extends up to 12 months following the divorce (unless otherwise specified). Understanding which benefits will remain available, and for how long, can make a significant difference during divorce negotiations.
Another important consideration is the Survivor Benefit Plan (SBP), which provides income to a beneficiary if the service member dies. This, too, can be negotiated in the divorce, allowing the former spouse or children to remain covered under the plan.
Deciding Support & Custody In A Military Divorce
Military life often requires frequent relocations due to deployments, which can significantly affect the career path of the non-military spouse. They may have put their professional goals on hold or accepted underemployment to move with and support their partner. In these cases, the military spouse may be required to pay spousal support, as the other spouse has made sacrifices that impacted their earning potential.
Enlistment can also play a role in child custody arrangements. Courts often award primary custody to the parent who is not subject to deployment since stability is a key consideration for the child’s well-being. Deployment can also affect visitation rights because children cannot travel to active conflict zones. As a result, the deployed parent may have reduced parenting time and be ordered to pay higher child support.
Filing For Divorce From A Military Spouse
Because of regular deployments, a spouse often has more than one state to choose from when filing for military divorce. Determining the appropriate option can be tricky, so it’s a good idea to speak with a divorce lawyer who can help gauge your eligibility based on residency and service status.
The experts at Eaton Family Law Group are well-versed in navigating the added complexities of military divorce cases. If you need assistance, don’t hesitate to contact us in Houston, Tomball, Katy, Sugar Land, and beyond.
