HAVE QUESTIONS?

1-281-DIVORCE (348-6723)

Divorce lawyer for Service Members

How Military Service Affects Family Law and Divorce: What Service Members Need to Know

As a family law attorney with a background in military service, I frequently receive questions from former, reserve, and active-duty military personnel regarding how their military service impacts their family law and divorce matters. It’s important to understand that while military benefits are determined under federal military entitlement programs, substantive property rights—such as division of assets and obligations—are governed by state law, including Texas family law.

Military Benefits and Divorce

Military benefits, including retirement pay and entitlements under the military’s programs, are typically subject to special treatment in divorce proceedings. These benefits may be divided or distributed according to federal law, and their treatment will vary depending on the specific benefits and the circumstances surrounding the divorce.

However, when it comes to property division, the state law of Texas will primarily govern the process, and military benefits will be addressed within the framework of the divorce, usually following the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal law allows state courts to divide military retirement pay as part of the divorce proceedings.

Child Support and Spousal Support

In divorce cases involving military personnel, the military recognizes the importance of family and provides mechanisms to ensure service members support their families. Child support and spousal support are typically determined by a court order. However, in the absence of a court order, the military will generally expect the service member to uphold the values of integrity and honor by financially supporting their family.

The military may even establish allotments directly from a service member’s pay, which are typically based on their dependent status. This can include payments for child support or spousal support, without requiring the service member’s approval. These payments are deducted from the service member’s military pay, and the amount is usually set according to what is needed to support their dependents.

Texas Family Law and Military Divorce

In Texas, the court will consider the best interests of the children, the nature of the relationship, and the financial capabilities of the service member and the spouse when determining the appropriate amount for child and spousal support. Based on my experience handling family law cases involving military members, the court’s ruling typically aligns with the military’s support obligations, but it is often less than what the military might deduct from a service member’s pay as part of an allotment to a spouse or dependent.

Personal Experience with Military Divorce

Having served in the Army Reserve, Marine Corps, and National Guard from the age of 17 to 26, I understand the unique challenges service members face when dealing with family law issues. My time spent in Arkansas, Oklahoma, North Carolina, overseas deployments, and extended field exercises provided me with insight into the stress that military life can place on relationships. Leaving your spouse at home with all your financial accounts, direct deposits, and personal belongings can create an environment where trust and security are paramount.

When that trust is broken, and your security is compromised, it’s crucial to act decisively. Divorce can be an emotionally challenging decision, especially when military life is involved, but when trust is lost, it’s often best to consult with an experienced attorney and move forward quickly to protect your interests.

Contact a Texas Family Law Attorney Specializing in Military Divorce

If you’re a service member going through a divorce or family law matter, it’s important to work with a family law attorney who understands the intricacies of military benefits and Texas family law. I am committed to providing legal representation for military personnel and their families, ensuring that your rights and interests are fully protected during the divorce process.

To discuss your case, call me at (713) 974-1151 or email me at [email protected] for a consultation.

Share this post

Related Posts

Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.