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. 

Texas residents who have already experienced child custody issues know that these situations are difficult for everyone involved. The rules regarding child custody proceedings may present additional complications for military families.

In many ways, the procedures for handling family law issues like the creation of a custody agreement and disputing a custody order are the same for military personnel as for civilians. The goal in both situations is to make decisions that represent the best interests of all children involved.

Families that include one or more military parents must also consider the effect that a duty reassignment or deployment may have on their ability to co-parent a child. These changes in job status can happen quickly for military personnel and can include faraway travel. Military parents are aware of their unpredictable job situations and should account for them in any child custody agreement drafted.

Divorce involves a lot more than ending a marriage and the emotions that come along with the significant life change.

There are also numerous legal issues that need to be considered, including dividing marital property, addressing child custody issues if children are involved, and determining if alimony applies.

When one or both of the spouses is an active or retired member of the military, the issues only get more complex. One reason for this is because both state and federal laws apply, unlike in civilian divorce, which is governed by state law.