Texas Military Divorce
Texas military divorce is complex. Military divorces follow the general Texas property division laws. Texas is a community property state. What does this mean? This means if the parties cannot reach an agreement to split the assets and debts acquired during marriage, then the court will split everything equally between the divorcing spouses.
The court will order the division of all property, real and personal, acquired during the marriage. The court will then confirm the separate property during divorce proceedings if the spouses do not have a written agreement. Separate property being anything that is owned by one of the spouses, and not subject to being split in the divorce.
Federal regulations apply during property and asset division in Texas military divorce. The Uniformed Services Former Spouse Protection Act (USFSPA) was enacted by Congress to regulate the division of retirement for former military members during divorce. It addresses dividing retirement benefits during military divorces and details how to authorizes direct payment of military disability or pay to a former spouse.
The USFSPA provides for Texas to treat military disposable retired pay as property which can be divided during divorce. The disposable military retired pay for any former member of the military is the monthly retired pay subtracting any qualified deductions.
Not all spouses are entitled to receive this pay, however, it depends on each case and history. There are eligibility requirements former military spouses must meet. Federal laws will not distribute any military member’s retirement to the spouse unless they have been married for 10 years or while the member performed 10 years of creditable military service. This means that the military retirement benefits cannot be split and sent to the former spouse by the issuing agency. The former military member will be subject to pay the former spouse the agreed or adjudicated portion of the retirement. For more over the USFSPA check out the link HERE.
Texas military divorce can be complex. Dividing military retirement plans requires proper documentation (QDROs, i.e.) and it is important to contact an experienced military divorce attorney to make sure your divorce decree is executed properly. If you have questions regarding a military divorce contact us here HERE. Our trusted and tried lawyers are waiting to help you avoid disaster in divorce.