Tomball Military Divorce Attorney
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Divorcing Your Military Partner
Just as military life is different from civilian life, military divorces also differ. There are special considerations that make a military divorce more complicated than a civilian divorce. No need to worry! We have plenty of experience with handling these types of cases throughout Tomball. Our experience means you’ll never feel stranded when navigating this tough time.
Survivor Benefits & Pension Facilities
Those who serve the country for more than twenty years receive additional compensation for their service. The generous pension helps ensure you and your family live comfortably into old age. If you file for divorce after you have retired from the military, you might want to know what happens to that money.
Usually, if you have been married for at least ten years during the service period, your spouse is entitled to half the pension. But this is typically subject to negotiation, and situations vary. Sometimes the time frame does not matter, and the partner might end up getting less. In other cases, those married for less time also receive half of the pension.
According to the rules of the military, an ex-spouse is only qualified for half the pension. In some cases, however, a court can order more than what is set by the military. Sometimes, a serviceman or woman must give the full amount to their partner.
Sometimes, a military spouse may try to prevent their partner from receiving benefits after the divorce by doing things such as retiring just shy of twenty years or serving longer to delay their retirement. An experienced lawyer can help in these situations.
There’s also the Survivor Benefit Plan. This plan hands over a set amount if the spouse dies in the line of duty. If the ex-spouse is still in active service, Survivor Benefits can be negotiated during the separation so that the ex and the children remain the beneficiaries.
Military Divorce Lawyers in Tomball, Texas
We all know that military families live the life of nomads. They frequently move from one place to another for different deployments. But have we ever thought about how the non-military spouse might have adjusted to these changes? They might have spent all their life following their better half and may have been unemployed for a long time. Therefore, the military spouse owes spousal support to the partner.
Child custody can be another critical aspect of a military divorce. Usually, Texas courts provide primary custody to the parent who is not likely to be deployed. Since kids cannot visit war zones, visitations are limited for non-custodial parents. As deployed military spouses cannot physically care for the child, they also owe more child support.
Benefits
Former spouses are entitled to certain benefits, for example, the right to use the commissary. Suppose the partner was married to a service member for at least 20 years or served the nation for a minimum of 20 years. In that case, the ex-partner can be eligible for certain benefits as well. However, there is a condition that the ex-partner does not remarry.
Are You Filing For a Military Divorce?
The rules of military divorce can be overwhelming for a civilian partner to tackle alone. You may not know where to file for a divorce petition, your rights, and the eligibility criteria for alimony. Get the help of an expert who could do the job in no time.
The divorce attorneys at Eaton Law Firm can help the residents of Tomball, or Houston Texas, deal with military divorces. If you need help understanding your rights during a military divorce, give us a call today.
