Partition of Benefits Between Divorced Military Couples in Texas


Divorce in the military is not different as in ordinary marriages. The procedure handled the same by the civilian court. There are things, however, that need to be taken into consideration. Spouses of uniformed personnel have their own set of rights as provided by law.

Uniformed Services Former Spouse Protection Act

The Uniformed Services Former Spouse Protection Act is a law passed by Congress in 1982 for the ex-spouses of uniformed personnel. This law grants rights over a portion of the retirement benefits of their former military spouse. They should have been married for at least 10 years. This is in accordance with the rules of the proper court of jurisdiction. In order to be qualified in this program, the 10/10 rule should be followed. The service member must have served for at least 10 years. The part of the ex-spouse should be taken from the disposable retired pay of the military. This is the gross salary pay of the military fewer deductions. 

Military Divorce in Texas

A spouse of the military member cannot get a divorce while the latter is on active duty. This is for the protection of the active service member. Division of assets and benefits in military divorce are also the same as civil marriages in Texas. The provisions of the Uniformed Services Former Spouse Protection Act Division is the law that regulates the benefits of spouses.

Additional benefits such as health care can be given to former spouses of uniformed personnel if the marriage has been for at least 20 years. Health care should always benefit their minor children though. 

Other Forms of Support

Child support is a vital consideration of every parent’s decision even in military divorces. Alimony for former spouses of service members does not require a certain length of marriage for it to be given. As long as there is a court order, child support and alimony must be given by the military spouse. 

Some of the laws governing military divorce may become complicated, especially when talking between the state and federal laws.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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