Dividing personal and marital property is a difficult part of almost any Texas divorce, but the addition of military benefits adds an extra layer of complexity. Both spouses want to ensure they are protecting themselves and there is a finite amount of financial resources, so some conflict about property division is inevitable. If you or your spouse are members of the armed services of the United States and you are pursuing divorce, be sure you have a Texas divorce attorney who understands the implications of military benefits on your property settlement.
Texas is a Community Property State
Texas encourages spouses to reach a property agreement themselves using the community property guidelines, meaning that any assets acquired during the marriage are split as close to 50/50 as possible unless there is a good reason to do otherwise. Spouses can negotiate certain assets for others as they set their own financial priorities.
The Uniformed Services Former Spouse Protection Act (USFSPA) is an act of Congress that allows states to divide military benefits according to their own divorce laws. This means military benefits can be considered community property and are divisible in a divorce. However, there are some limitations.
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