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Getting a divorce from a military spouse in Texas can be a bit more challenging than what would be considered average which is largely due to the service member's military benefits and how divorce attorneys must approach the legal division of that part of the marital assets.
There are many factors involved in determining whether a spouse is entitled to part of the service member’s military benefits.
Choosing a lawyer who is experienced with military divorces is an important step to be sure that spouses get the benefits they are entitled to.
How Are Assets Divided In A Texas Military Divorce?
Attorneys who work with military divorces find that the main reason why these break-ups get complicated is that they are not black and white situations like normal civilian versions.
Since Texas is a community property state, it means that all marital property must be divided between the two spouses which includes physical and financial property plus pensions and retirement benefits.
This can get very tricky in cases where a spouse has military retirement benefits coming as an ex-spouse is entitled to some of that retirement military pay, but only if certain criteria are met.
Who Qualifies To Receive Military Benefits After Divorce?
Ex-spouses are entitled to a percentage of a current or former military member’s military retirement benefits when two essential requirements are met:
- The marriage lasted 10 years or more.
- At least 10 years of the marriage overlapped 10 years of active military service.
This is known by the court, and by divorce lawyers as the 10/10 rule that applies to military situations.
Spouses in marriages that fulfill both requirements are able to file for military retirement pay.
There is also a 20/20 rule that works basically the same way and provides more benefits.
What Are The Qualified Benefits of Ex-Spouses?
The former spouses of retired military members who are entitled to receive military retirement benefits can receive up to 50% of the service member’s retirement pay and potentially a few other benefits.
Eligibility, amounts, and entitled benefits are determined and approved by the government, not the state family court which handles the rest of the divorce.
Before benefits can be approved by the government, the actual divorce decree approved by the family court must contain certain verbiage concerning the division of retirement benefits.
For this reason, it is essential that spouses work with attorneys experienced with military divorces as there is a good amount of paperwork that must be submitted and if not correctly filled out, benefits could be denied.
Ultimately, entitled ex-spouses may receive the following depending on the length of the marriage and other factors since every case is different:
- A percentage of the service member’s retirement pay for qualifying marriages of 10 years or more.
- 50% of the service member’s disposable retirement pay plus one year of healthcare benefits for marriages of 15 years or more.
- 50% of the service member’s disposable retirement pay, full health benefits, commissary privileges, and possibly other base privileges for marriages of 20 years or more with 20 years of overlapping service although health benefits are discontinued if the spouse remarries.
When Can Ex-Spouses Receive Military Benefits?
The availability of these benefits is another detail that lawyers see getting a little tricky in some military divorce cases, as this is also not a standard thing.
Generally, benefits are payable to former spouses once the service member is no longer actively serving and their retirement pay has started which usually occurs about a month after active duty has ended.
In cases where the service member continues to serve even though an ex-spouse may be awarded retirement benefits, they will likely not begin until their former spouse actually retires regardless of how many years later that may be.
Hire An Attorney Experienced With Military Divorces
As it should be easy to see, Texas military divorces can be more complicated than standard ones and require the expertise of an attorney familiar with these types of proceedings.
Determining entitlement so that former spouses of military members can receive their legal allotment of retirement pay involves specific procedures and reporting certain essential details.
Anyone in Texas who is married to a current or former service member and is contemplating a divorce should discuss their intentions with a knowledgeable divorce lawyer first to assure they get all the advantages that military retirement benefits can offer them.
