Eaton Family Law Firm | military divorce

Texas Military Divorce Attorney

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    Divorcing Your Military Partner

    A military divorce is a little different than civilian divorce. Some special considerations need to be made, and those can make military divorce a bit more complicated than many other divorces. Our Texas military divorce lawyers are very experienced in handling these types of divorces and can help you navigate this situation.

    Pensions and Survivor Benefits

    Military pensions are also an important factor for negotiation in a Texas 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. Sometimes spouses married for less time still receive half of the pension. Sometimes, spouses married for a decade still receive less than half of the pension. The military will not give an ex-spouse more than half of the pension, so if the court orders more the military spouse is required to give that money directly to his or her ex.
    There are definitely cases where the military spouse tries to be vindictive to prevent their former spouse from receiving benefits. For example, the 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 Divorce Lawyers in Texas

    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 since they have been moving around following their husband or wife. That means that the military spouse might owe them spousal support since they put their own career on hold to support their spouse and their family.

    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.

    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. Military divorces can add an extra layer of difficulty onto the already challenging process of divorce, which is why you want to be sure that you have a good legal mind on your side.

    As military divorce attorneys in Texas, we are experienced in handling military divorces and negotiating all of the extra complexities that come with them. If you need help, reach out to us today.