Military divorce can involve many of the same issues as any other Texas divorce, but military service can add another layer of legal and practical considerations.
For military families in Southlake and the surrounding Tarrant County area, a divorce may involve questions about military retirement, deployment, jurisdiction, child custody, healthcare benefits, Survivor Benefit Plan coverage, and the effect of federal protections on the divorce process.
Texas law governs many aspects of the divorce itself, while federal law can affect certain military benefits and how a court order is enforced.
Understanding both sides of the process can help you make informed decisions before signing a divorce agreement or finalizing your case.
What Makes a Military Divorce Different?
A military divorce is still a divorce under Texas law. The court may need to address property division, child custody, child support, spousal maintenance, and other issues just as it would in a civilian divorce.
The difference is that military service can affect several important parts of the case.
For example, a military divorce may involve:
- Military retired pay
- Survivor Benefit Plan coverage
- TRICARE and other military benefits
- Deployment or temporary duty assignments
- Military housing
- Service-member protections under federal law
- Jurisdiction and residency questions
- Military pensions and other retirement benefits
- Child custody arrangements affected by deployment
- Enforcement of support or property orders through military pay systems
These issues can make military divorce more complicated than a divorce involving only civilian employment and retirement benefits.
Can a Military Member File for Divorce in Texas?
Texas has specific residency provisions for members of the armed forces and their spouses.
Under Texas Family Code Section 6.304, a service member who has been stationed at one or more military installations in Texas for at least six months and at a military installation in the county for at least 90 days may be considered a Texas domiciliary and resident of that county for purposes of filing for divorce.
Similar rules can apply to a spouse accompanying the service member. Texas law also provides that certain periods spent outside Texas or outside the county because of military service can count toward residency requirements.
That means a military family does not necessarily lose its ability to pursue a Texas divorce simply because the service member is stationed somewhere else.
Residency and jurisdiction can become more complicated when spouses have lived in multiple states, the service member is deployed, or one spouse has established a different legal domicile.
Does the Servicemembers Civil Relief Act Affect Divorce?
It can.
The Servicemembers Civil Relief Act, commonly called the SCRA, provides certain protections to active-duty service members involved in civil proceedings.
For example, a service member who cannot participate in a civil proceeding because of military duties may be able to request a stay or postponement. Military OneSource explains that, when the statutory requirements are met, a qualifying service member can receive a stay of at least 90 days, with the possibility of an additional stay. These protections can apply to divorce and family-law proceedings.
The SCRA does not prevent a military member from getting divorced.
Instead, it can affect the timing and procedure of the case when military duties interfere with the service member’s ability to participate.
If a service member is deployed or otherwise unable to attend a hearing, the court and attorneys may need to address those circumstances before the case can proceed.
How Is Military Retirement Divided in a Texas Divorce?
Military retirement can be one of the most significant financial issues in a military divorce.
Texas community-property law generally applies to the portion of a military retirement benefit earned during the marriage, although determining exactly what portion is community property can require careful analysis.
The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat certain military retired pay as property and provides a mechanism for enforcing qualifying court orders through the federal military pay system.
But there is an important misconception to avoid:
A former spouse is not automatically entitled to a portion of military retirement simply because the couple was married.
DFAS explains that the USFSPA does not automatically award a former spouse a share of military retired pay. A state court must make an appropriate property award, and the final order must satisfy applicable federal requirements.
The language used in the divorce decree or property settlement can therefore matter significantly.
What Is the 10/10 Rule?
The “10/10 rule” is often misunderstood.
For certain military retired-pay property awards to be paid directly to a former spouse through the military pay system under the USFSPA, the marriage must have overlapped at least 10 years of military service creditable toward retirement eligibility.
The 10/10 rule does not mean that a spouse married for fewer than 10 years has no possible claim to a portion of military retirement.
Instead, it primarily concerns the federal mechanism for enforcing a qualifying property award through military retired pay.
The distinction matters because state property rights and federal payment procedures are not necessarily the same thing.
What Are the 20/20/20 Rules?
Military divorce can also affect access to certain benefits for a former spouse.
Under the commonly referenced 20/20/20 rule, an unremarried former spouse may qualify for certain military benefits when:
- The parties were married for at least 20 years;
- The service member performed at least 20 years of creditable service; and
- The marriage and military service overlapped for at least 20 years.
Military OneSource identifies benefits that may be available to qualifying former spouses, including certain healthcare, commissary, and exchange privileges.
There are also other rules and circumstances that can affect benefits after divorce.
For that reason, you should not assume that a particular benefit will continue simply because the marriage was long-term.
What Happens to TRICARE After a Military Divorce?
A military divorce can affect a former spouse’s access to military healthcare.
A former spouse who does not qualify for continuing military healthcare benefits may have other options for temporary coverage. Military OneSource notes that, after losing TRICARE because of divorce, eligible individuals may be able to purchase temporary coverage through the Continued Health Care Benefit Program.
The rules can depend on the circumstances, including the length of the marriage and military service.
Because healthcare coverage can have substantial financial consequences, it should be considered as part of the overall divorce planning process rather than treated as an issue to address after the divorce is already final.
What Happens to the Survivor Benefit Plan?
The Survivor Benefit Plan, or SBP, can become an important issue when military retirement is being divided.
A former spouse may be designated as an SBP beneficiary in certain circumstances, including situations involving a voluntary or court-ordered designation.
Military OneSource explains that the treatment of SBP coverage can differ depending on whether the divorce occurs before or after retirement.
The timing of the required paperwork can also matter.
A divorce agreement that addresses military retirement should therefore be reviewed carefully to determine whether SBP coverage needs to be addressed and what steps must be taken after the divorce order is entered.
How Are VA Disability Benefits Treated?
Military disability-related benefits can require particularly careful analysis.
Not every military-related payment is treated the same way as military retired pay for purposes of divorce.
For example, DFAS explains that the USFSPA concerns disposable military retired pay and that certain disability-related compensation, including Combat-Related Special Compensation, is not subject to division under the USFSPA.
This is one reason a military divorce should not rely on a simple calculation based only on the service member’s total military compensation.
The type of benefit, the source of the payment, the retirement status of the service member, and the wording of the court order can all matter.
How Does Texas Property Division Apply to Military Families?
Military families are still subject to Texas community-property laws when a Texas court has jurisdiction over the divorce.
In general, property acquired during the marriage is presumed to be community property, although characterization and division can become more complicated when assets were acquired before marriage, during periods of separation, or through military service.
Military retirement is one example.
Other assets may include:
- Civilian retirement accounts
- Thrift Savings Plan accounts
- Bank and investment accounts
- Real estate
- Businesses
- Vehicles
- Military-related benefits
- Debts and loans
Property division in a Southlake divorce can become particularly complicated when a couple has significant retirement assets or property accumulated over a long military career.
Texas courts do not automatically divide every asset exactly 50/50. The characterization of property and the circumstances of the marriage can affect the final division.
What About Child Custody When a Parent Is Deployed?
Deployment can make an already difficult custody dispute more complicated.
A military parent may have a regular parenting schedule under ordinary circumstances but be unable to exercise that schedule during deployment.
Parents may therefore need to consider:
- Who will care for the children during deployment
- How parenting time will work before and after deployment
- Communication between the children and the deployed parent
- Transportation
- School schedules
- Holidays
- Decision-making responsibilities
- What happens when the service member returns
A custody order should account for the family’s actual circumstances while also considering what arrangement serves the children’s best interests.
If custody is contested, child custody issues should be addressed carefully rather than treated as an afterthought to the property settlement.
Can Military Divorce Be Handled Through Mediation?
Yes. Mediation can be an option in a military divorce when both spouses are able to participate meaningfully in negotiations.
Mediation may be particularly useful when spouses want to resolve financial and parenting issues without asking a judge to decide every disputed issue.
However, military divorces can involve federal benefits and technical retirement issues that require careful legal review.
A settlement should address those issues specifically rather than relying on general language about dividing retirement or military benefits.
What Documents Should I Gather Before a Military Divorce?
Preparation can make a significant difference.
Depending on your circumstances, you may want to gather:
- Military service records
- Leave and earnings statements
- Retirement estimates
- Thrift Savings Plan statements
- Civilian retirement account statements
- Bank and investment statements
- Tax returns
- Insurance information
- Existing military benefit documentation
- Housing information
- Debt records
- Child-related expenses
- Existing court orders
- Prior separation or support agreements
If military retirement or other benefits are part of the divorce, having accurate records available before negotiations begin can help prevent misunderstandings.
Frequently Asked Questions About Military Divorce in Southlake, TX
Can a military spouse get divorced in Texas?
Yes. Texas law contains specific residency provisions for service members and their spouses. Depending on the circumstances, military service and stationing in Texas may allow a military family to meet Texas residency requirements for divorce.
Does a military spouse automatically get half of military retirement?
No. Military retired pay is not automatically divided simply because the parties were married. A state court must make an appropriate property award, and federal rules govern how qualifying awards may be enforced through the military pay system.
What is the 10/10 rule in a military divorce?
The 10/10 rule generally concerns whether a qualifying military retired-pay property award can be paid directly to a former spouse through the federal military pay system. It requires at least 10 years of marriage overlapping with at least 10 years of qualifying military service.
What is the 20/20/20 rule?
The 20/20/20 rule can determine whether an unremarried former spouse qualifies for certain military benefits after divorce. It generally requires 20 years of marriage, 20 years of qualifying military service, and 20 years of overlap between the marriage and service.
Can deployment delay a military divorce?
It can. The SCRA provides certain protections that may allow qualifying service members to request a stay or postponement when military duties prevent participation in a civil proceeding.
Can military divorce include child custody and child support?
Yes. A military divorce can address the same family-law issues found in other Texas divorces, including child custody, parenting time, and child support. Deployment and military assignments may require additional planning when creating a workable parenting arrangement.
Talk With a Southlake Military Divorce Attorney
Military divorce can involve more than simply dividing the property and determining a parenting schedule.
Military retirement, federal protections, healthcare benefits, Survivor Benefit Plan coverage, deployment, and jurisdiction can all affect the divorce process and the terms of a final agreement.
If you are a service member or military spouse considering divorce in Southlake, understanding these issues before signing an agreement can help you make informed decisions about your property, benefits, and family.
Kate Smith is a Board Certified Family Law attorney serving clients in Southlake, Colleyville, and throughout North Texas. Her practice includes complex family-law matters involving property division, retirement assets, child custody, and other issues that can arise during divorce.
If you are considering a military divorce in Southlake, TX, contact the Law Office of Kate Smith PLLC to discuss your circumstances and learn about your legal options.
