Navigating a military divorce case can be particularly challenging and perplexing for you and your family, adding an extra layer of complexity compared to civilian divorces. While you may have concerns similar to those in any divorce case, such as asset division and child custody, military divorces entail additional considerations like the 10/10 rule. This rule adds further complexity to the proceedings and requires careful attention during the legal process.
There are deadlines and other requirements regarding military benefits; they’re not set forth by Texas law but somewhat under the specific federal programs that control the benefits for you, your spouse, and your children. Whether it is retirement benefits or medical care in question, you and your attorney will need to pay close attention to the deadline isn’t a requirement if you are divorcing a military member.
How Will Your Spouses’ Military Pension Factor Into Your Texas Divorce?
When it comes to dividing up a military pension, you should know several ways to do this. When interviewing attorneys before even beginning your divorce, your attorney must be aware of the Uniformed Services Former Spouses Protection Act. A Texas family court can direct a military retirement pay center to divide military retired pay and allocate a portion of that pension to you, but only when the final divorce decree contains such an order.
Many military retirees opt for a Survivor Benefit Plan (SBP) that covers their former spouse, ensuring annuity coverage post-divorce. To activate this coverage, the retiring military spouse must choose this plan within one year of the final divorce decree. They must also submit proof of the divorce, including the final Texas divorce order, with their plan selection. Retirement introduces another critical deadline. If a military member divorces before reaching retirement age and the final divorce decree doesn’t mandate an SBP election, you may lose the chance to maintain annuity coverage.
It’s crucial to monitor these details if you divorce before your spouse’s retirement age. Military rulings on these matters often occur after the divorce, potentially complicating the receipt of expected benefits for former military spouses.
What Is the 10/10 Rule When It Comes to Military Retirement?
Regarding the “10/10 Rule” in military divorces, Texas law requires a 10-year overlap between marriage and military service for direct payments from the military retirement pay center. This method ensures consistent monthly payments directly from the military, eliminating the need to rely on your spouse.
Separation periods don’t generally affect the calculation of the 10-year marriage and military service requirement for garnishment and health insurance purposes. Texas doesn’t recognize legal separation, and military divorce considerations focus on the divorce decree rather than separation dates. However, separation can affect on-base housing eligibility, with different rules applying to community property division.
However, this rule only applies to direct payments and does not limit the court’s power to divide the military pension in a divorce. A Texas family law court can divide a spouse’s military pension regardless of the marriage duration. The length of the marriage overlapping with military service is significant only for receiving direct payment from the military retirement pay center.
If the 10-year overlap requirement is not met, you may still be entitled to a portion of the pension, but it won’t be paid directly by the military. Instead, the payment would be managed through other means, possibly requiring your spouse’s cooperation. Understanding these distinctions is crucial when dealing with the financial aspects of a military divorce.
Does the Period of Separation Count Towards the 10-Year Marriage Requirement?
This question might not apply to those who have been married for over ten years. However, if your marriage lasted around 8 to 10 years, and coincided with military service, you should consider whether the separation date affects this calculation.
In Texas, the law does not recognize legal separation. Regarding military divorce, authorities typically do not consider separation as the end of the marriage for military retirement benefits. This applies to garnishment issues, the 10-year marriage and military service requirement, identification cards, and health insurance. Both federal and military laws emphasize the divorce decree rather than the actual separation date.
However, the separation date does impact eligibility for on-base housing. Military rules mandate that you and your family vacate any military-provided family housing upon separation. Your spouse will then receive accommodations suitable for a single individual. Keep in mind that the date of separation or the signing of the final decree influences the division of community property in Texas.
How Does Health Insurance Factor Into This Discussion?
One of the major concerns for military spouses and their families is receiving health insurance coverage during and after a divorce. Suppose you have been married for 20 years, with 20 years of qualifying service for military retirement and overlap of at least 20 years between these two. In that case, if you remain unmarried, you will qualify for full health insurance coverage. This is a more stringent test to pass than the 10-year requirement for direct payment of military retirement benefits. If you have not remarried before you reach age 55, you will be eligible for coverage if you pay a certain premium and receive military retirement at the same time. I think it is a good idea for you to be able to receive both of these.
Do You Position Yourself to Receive Military Benefits During and After a Divorce?
In a military divorce, a primary concern for many spouses is whether they and their children will continue to receive military benefits post-divorce. Health insurance is vital for both routine and emergency medical needs, and the significance of receiving a portion of your spouse’s military pension increases as you age, especially for long-term well-being.
Some military spouses hesitate to pursue divorce, fearing the loss of these crucial benefits in the short term. However, it’s important to understand that this trade-off isn’t necessary. Consulting with a family law attorney experienced in military divorces can provide insights into how your divorce will affect military benefits.
It’s essential to work with an attorney who has specific knowledge of military divorces, as they involve unique deadlines and rules that differ from civilian cases. While Texas treats military and nonmilitary divorces similarly under its family code, federal and military regulations require specialized knowledge. Your attorney should possess this knowledge rather than acquire it during your case.
When selecting an attorney, inquire about their experience with military divorces. If they lack experience in this area, it may be wise to consider another attorney. While learning is part of every attorney’s journey, your case shouldn’t be their introduction to military divorce law. Opting for an attorney with a strong background in military divorces, like those at the Law Office of Bryan Fagan, can be more advantageous.
Minimizing mistakes is vital in a military divorce, given its complexity. An experienced attorney, knowledgeable about the specifics and nuances of military divorces, is crucial for quality representation.
What Sort of Benefits Is Available to You as a Former Military Spouse?
In military divorces, various benefits hinge on the length of your marriage, including retirement, health insurance, and other spousal privileges.
Your eligibility to receive a portion of your spouse’s military retirement pension is not contingent on the duration of your marriage. You’re eligible for a share of your spouse’s military retirement pension regardless of marriage duration. However, direct payments from the military retirement pay center are only possible if your marriage coincided with ten years of your spouse’s military service. If not met, you need alternative arrangements for pension receipt.
Child support and alimony for military spouses are governed by the Uniformed Services Former Spouses’ Protection Act. Unlike retirement benefits, these don’t require a minimum duration of marriage or service. However, direct payment from the military is not available for these, and you must depend on your ex-spouse for payment, either directly or via Texas’s Office of the Attorney General in the case of child support.
Healthcare coverage is provided under the “20/20/20” rule, a significant requirement especially for younger couples. The extent of medical coverage you receive as a former spouse varies with the length of your marriage, but some level of insurance is typically available in a divorce scenario.
What About If Your Spouse Is Deployed Overseas?
The most significant piece of advice that I can provide you with regarding divorcing a spouse serving our nation overseas is to make sure that you’re divorced in Texas and will abide by the divorce process and participate. If they do not, you will be in a position where you cannot move forward. A court will not allow you to take a default judgment against a spouse serving in the military overseas. Therefore, before you move forward with the divorce and develop plans associated with it, you should talk to Your spouse to ensure they will participate in the process.
This is especially important if you’re spouse were to attempt to file for divorce from you in another country. If you become aware that your spouse has filed for divorce in another country, you should consider filing for divorce here in Texas or whatever state you had last resided in. Doing so is not the most straightforward process and will end up costing you time and money. After all, you will be going through two divorce processes and will have to stretch your family budget even thinner. However, it is the best thing that I can think of to ensure that you will receive protection of the benefits you are entitled to.
Final Thoughts on Military Benefits
As discussed earlier, your attorney handling a military divorce must possess extensive knowledge of military retirement benefits, including understanding the intricacies of the 10/10 rule in the military. This isn’t merely a suggestion; it’s crucial. Understanding retirement plan eligibility, deadlines, accurately evaluating marital property, and other related community property issues in a Texas divorce are all interconnected and vital. With this comprehensive understanding, you and your attorney can effectively navigate the divorce process, whether through negotiation or trial if necessary.
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- Division of military retirement pay in Texas divorces
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
