Military Divorce
Eaton Family Law Firm | military divorce

Tomball Military Divorce Attorney

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    Divorcing Your Military Partner

    There are specific considerations that make military divorce a bit more complicated than many other civilian divorces. Are you facing divorce as a military member or the spouse of someone in the service? If so, it is crucial to work with one of our Tomball divorce attorneys who has experience handling these types of divorces.

    Considerations for Military Families

    Military families often move frequently due to deployments or re-stationing. This often results in the non-military spouse being unemployed or underemployed for the duration of the marriage, as they take care of the household while their partner is away. The military spouse might owe them spousal support since they put their career on hold. Our experienced military family law attorneys consider the well-being of both parties, their children, and the unique challenges associated with military divorces.

    Being part of the military also impacts child custody. Many courts will give primary custody to the parent who doesn’t have to deploy. Deployments can also compromise visitation since children cannot visit their parents in war zones. Therefore, the noncustodial parent will often owe more child support since they will not be around to care for the children. Your Tomball child custody lawyer can help explain and work through these complexities.

    Pensions and Survivor Benefits

    Military pensions are also a significant factor in negotiation during a military divorce. Retiring after serving for at least twenty years will result in the service member receiving a sizable pension for the rest of their life. In most cases, the former spouse receives half of the pension if they were married for at least ten years of the service period.

    There is also the Survivor Benefit Plan, which pays out if the military spouse is killed in the line of duty. This can also be factored into the divorce so that the former spouse and children can continue to be the beneficiaries.

    Military Benefits

    There are additional benefits available to former military spouses who meet the requirements. One of these is base privileges, such as the right to use the commissary. The former spouse is entitled to these benefits if they were married to a service member for at least 20 years, the service member served for at least 20 years, and the marriage overlapped their time as a service member by at least 20 years.

    Filing For a Military Divorce

    Due to deployments, spouses often have a few options for the state in which they decide to file their military divorce. To determine where to file, please consult us to verify your eligibility.

    Eaton Family Law is experienced in handling military divorces and negotiating all of the potential issues that come with them. If you are in Tomball or the surrounding areas, such as Houston, Katy, or Sugar Land, reach out to us today.