As you contemplate divorce after a marriage spanning decades, the implications extend far beyond the present moment. Your future financial security, especially concerning retirement, looms large amidst the emotional turmoil. Military retirement benefits, a significant asset accumulated over the years, add another layer of complexity to the Texas divorce process. For many, the prospect of divorcing later in life raises concerns about financial stability post-retirement, especially in an era of uncertain Social Security prospects.
In the event that your spouse is in the military and you are now moving towards a divorce, what steps can you take? Can you divide military retirement benefits as you could civilian retirement benefits? What are the risks to you in moving forward with a divorce from a financial perspective? There is a lot of information about military retirement benefits in a divorce from a general perspective but I wanted to share some in-depth content with you all on this subject. Today’s blog post from the Law Office of Bryan Fagan will seek to answer those questions.
There are really two kinds of divorces: military and nonmilitary
While the divorce laws in our state are the same for all married people, it is important to note that military divorces have several components that differentiate them from non-military divorces. The reasons for that are due to the unique lifestyle that military members have, the effect of military service on a servicemember’s family as well as the challenges that division of military retirement benefits has on divorce participants.
Finding expert guidance for military divorce
The problem that you as a military member or military spouse are going to run into in trying to do research and locate an attorney that has knowledge of these issues is that very few attorneys have the collective experience in handling military divorces and dividing up military benefits correctly for their clients. The attorneys at the Law Office of Bryan Fagan possess the necessary experience and are eager to share their expertise with you today.
Think about it- you wouldn’t want to ask an attorney with no divorce experience to represent you in a divorce case (Although many people do). You also wouldn’t want to ask an attorney with no experience handling military divorces to represent you in a divorce case either. Still, many people are surprised to discover that they frequently retain attorneys lacking experience in handling military divorces when they enter courtrooms and mediation offices. While I appreciate those who have never had that experience attempting to gain it I cannot recommend that you be the person that the lawyer “practices” with.
Assessing attorneys for military divorce: key indicators to consider
As much as offering you advice and perspective on the specific subject of military divorces I would like to use this blog post as a means by which you can figure out if the attorney you are speaking to actually has the requisite knowledge of military divorces to represent you and your family. Interviewing family law attorneys is not something that comes naturally to most people. It is not difficult for you to lose sight of your objective in a meeting with an attorney when it comes to actually try to determine how much that particular attorney has in handling military divorces. It is not something that you want to try to figure out on the fly, either. You need to prepare yourself to listen for certain things and ask certain questions to elicit those responses.
Finally, I hope that this blog post impresses upon you the complexity with which family law cases operate- especially divorces. You may have people in your life- friends or family- that have handled their divorce without any representation. While some individuals may have emerged from their cases unscathed, it’s essential to remember that not all cases are alike. Even if you believe that you and your spouse want a quick and easy (painless) divorce that may not be how it actually turns out. Your divorce case could become contentious, especially if it involves military retirement, which we know can add complexity.
How much of your military retirement benefits does your spouse stand to receive in a divorce?
From the perspective of a member of our military, you likely did not enter the service in order to gain the approval of your friends and family. There are certain jobs that require less effort and sacrifice that you could have entered into. Rather, you joined the military because you love our country and wanted to help your fellow citizen. Maybe your family has a history of military service. Maybe you had a role model growing up that was a Marine and so that inspired you to become a Marine as well. Either way, you entered the military as a genuine reflection of your appreciation of our country and our values.
Military retirement benefits in divorce: what to know
That’s not to say that you also don’t appreciate the material benefits afforded to you as a member of the military. That includes military retirement benefits. There is nothing wrong with looking out for yourself and your longevity in relation to your divorce. You have worked hard to accumulate some security for yourself after you retire from military service and you do not want to sacrifice that security unnecessarily. At the same time, you likely don’t want your spouse to walk out of your divorce with nothing to show for their commitment to you and what sacrifices for made at home so that you could complete your objectives in your military life.
In consultations with military members, the most frequently asked question is what will happen to their retirement savings in a divorce. If you are a military member you may be wondering the same thing- what does your spouse stand to be able to leave your divorce with as far as your military retirement benefits are concerned?
Understanding military retirement division in Texas divorce
In most Texas divorces, the court will divide your military retirement benefits, particularly the portion accumulated during your marriage. The longer your marriage, the larger the share of your retirement benefits subject to division. These benefits accrued during your marriage are deemed community property. Community property is subject to division in your divorce. It does not matter that your spouse did not work a day in their life for the military, or perhaps at all outside the home. The State of Texas does not distinguish between spouses in this regard. If you and your spouse were married, your earnings are considered shared property, regardless of who earned them, adhering to the principle of community property.
Whatever you have earned towards your military pension before your marriage is yours to keep with your spouse having no rights to it. This falls in line with general theories of separate property in Texas. The discussion becomes much more complicated once we get past these fairly straightforward concepts surrounding community and separate property, however.
Military pensions are a bit different from civilian pensions
One important thing to take note of when it comes to military pensions is that the military will not allow your spouse to take home from your divorce more than 50% of your pension. As I touched on in the section prior to this one, the question then is how long have you been married? The longer the length of your marriage the higher the percentage of benefits that your spouse could potentially walk away from the divorce with.
The way that the State of Texas calculates how much your spouse could stand to keep from your military pension compares your total number of months married while you were an active duty member of the service with the total number of months that you have towards retirement benefits.
For example, if you were in the military for twenty years and only married for the last ten years, your spouse wouldn’t have any standing to ask for anything related to your first ten years of military service from a retirement perspective. If you are still in the military at the time of your divorce things become even more complicated than this.
When you are still an active duty servicemember at the time of your divorce
The State of Texas uses a complicated equation to determine the exact amount of retirement benefits that your spouse is able to walk away from the divorce with if you are still actively engaged in your military service at the time of your divorce.
There are basically six component parts to the equation.
If you were not a great Math student in high school then you may want to sit down for this. You would take 50% (the percentage of your spouse’s community interest in your military retirement) and multiply that by the number of months that you were in service as a military member during your marriage divided by the number of months in total that you have served as an active duty military member.
Once you have that percentage you will multiply it by .025 x the years and months in active duty military service. That number is then multiplied by the average of your military base pay for the past three years.
Once you have that number you would divide by your monthly gross retired pay at retirement.
Finally, multiply this number by your monthly disposable retired pay at retirement and you finally have a number that your spouse will be able to walk out of your marriage with.
Not only is that fairly convoluted but it takes to research and communication with your attorney to arrive at the correct number. For instance, to figure out what your 36-month base pay is you would need to turn over your payroll records to your attorney. Your attorney will then create a table that will show your base pay for the past three years. Asking an attorney to do math is risky in and of itself (kidding) but to do so you better be sure that your lawyer knows their math and the law.
Is it possible for you to keep all of your military pension in your divorce?
The short answer to this question is, “yes.” The longer answer is yes with some details attached to it. The main detail is that you will have to negotiate with your spouse to get to a point where you are walking away with the entirety of your retirement benefits intact. Sometimes you have a situation where your spouse does not want any of your retirement. Believe it or not, these case happen- not often, however. In other situations, you will need to trade retirement benefits for something else. Maybe you have a separate property interest that you can offer in place of the pension. Maybe a portion (or all) of the rest of your community property share of your equity in your home or some other significant asset can be offered to your spouse.
Conclusion
Navigating the division of military retirement benefits in a Texas divorce requires careful consideration and strategic planning. These assets, accrued over years of service, hold significant value and can greatly impact the financial well-being of both parties post-divorce. Seeking guidance from legal professionals well-versed in Texas divorce law and military benefits is essential to ensure a fair and equitable resolution. With the right support and expertise, individuals can confidently navigate the complexities of military retirement division, paving the way for a smoother transition into the next chapter of their lives.
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Other Articles you may be interested in:
- Does My Ex Get Half My Military Retirement?
- Will I Lose My Ex’s Military Retirement If I Remarry?
- The United States Supreme Court Answers a Question about Military Retirement Benefits
- How to Divorce a Spouse in the Military
- Texas Divorce – Serving Military Personnel or their Spouse Worldwide
- Texas Statute Aids Military Personnel and Their Spouses in Filing for Divorce
- Roadmap of Basic Divorce Procedure in Texas
- How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
- How am I going to Pay for My Texas Divorce?
- Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
Law Office of Bryan Fagan, PLLC | Texas Military Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with ar Texas military Divorce Lawyer right away to protect your rights.
A military divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
