Figuring out what counts as marital property and dividing benefits can be tough in any civilian divorce. However, military divorces in Texas come with their own set of complexities and regulations, making it even more important to have the right documentation. This ensures that both spouses get the benefits they deserve.
Military divorces in Texas adhere to the same property division laws as civilian divorces. Texas operates under “community property” rules, meaning that any property and debts gained during the marriage will be divided by the court if the spouses are unable to come to an agreement.
According to property division regulations, the court will divide real and personal property that was acquired during the marriage. Additionally, of the spouses lack a written agreement, the court will clarify what is regarded as separate property during the divorce process.
This article will discuss the division of retirement benefits during a military divorce in Texas.
The USFSPA and the unique aspects of dividing retirement plans for military personnel and their spouses
Military divorces adhere to state property laws, but federal regulations are also applicable when it comes to dividing property and assets. The Uniformed Services Former Spouse Protection Act (USFSPA), enacted by Congress, specifically addresses the division of retirement benefits in military divorces and allows for direct payment of military pay to the former spouse.
The USFSPA allows military divorces in Texas to classify a service member’s disposable retired pay as martial property, meaning, it can be divided during a divorce. Disposable military retired pay refers to the service member’s monthly retirement pay after subtracting any allowable deductions.
Not every former military spouse is eligible for military retired pay. In order to qualify, they need to meet specific eligibility criteria. According to federal laws, a military member’s retirement benefits cannot be divided and shared with a spouse unless the couple has been married for at least 10 years during which the service member completed 10 years of credible military service. However, court-ordered child support or spousal support payments do not have a minimum marriage duration requirement to be awarded.
The USFSPA allows former spouses to be named as beneficiaries for the Survivor Benefit Plan, which means they could receive an annuity if the retiree passes away. To qualify for these benefits. However, the former spouse must choose “former spouse coverage” through the relevant military finance office within one year of the divorce being finalized.
Need help dividing military retirement plans in your divorce?
Military divorces can be complicated, and former military spouses may have access to various benefits. When it comes to dividing military retirement plans, it’s crucial to have proper documentation in place. Consulting with an experienced Texas military divorce attorney can help ensure your divorce decree is handled properly. Whether you’re a military member or a spouse, contact us for a free consultation.
