Military Divorce SAn Antonio TX

Do you have a question about Military Divorce & Child Custody?

Divorce laws differ slightly by state. Click through our frequently asked questions about divorces in Texas, then contact us to get the specifics about your case.

Military Divorce & Child Custody FAQs

  • Is a spouse entitled to any of a serviceperson’s military retirement benefits?

    Answer:  Legally, military personnel who are getting divorced are no different than anyone else, so the procedural process is the same. If you are in the military or a military spouse, there are some additional factors that can affect your divorce and the percentage of the service member’s retirement that you will be entitled to.
  • In order to be awarded any military benefits, do we have to have been married for 10 years or more?

    Answer:  The Uniformed Services Former Spouse Protection Act (USFSPA) addresses these concerns. Many issues arise when a service member and his or her spouse decide to get a divorce including the longevity of the service member.   Commissary, exchange and health care benefits, as well as  the eligibility for a portion of the service member’s military retired pay are a large concern in determining the former spouses future benefits.

    The USFSPA does not automatically give a former spouse any of the member’s retired pay. Rather, the law permits a state to treat military disposable retired pay as community property and therefore divide it in a divorce action. Disposable military retired pay is a service member’s monthly retired pay minus qualified deductions. USFSPA allows the local court to treat military retired pay just as it would treat a civilian pension plan.

    Retired pay may be divided for property settlement purposes. However, retired pay may also be garnished to satisfy child support and alimony obligations.

  • Am I (or is my spouse) entitled to part of my VA disability benefits in the case of divorce?

    Answer:  The Uniformed Services Former Spouses’ Protection Act determine that VA disability payments are exempt from being treated as community  property and cannot be divided as part of a divorce unless each party agrees to contract for a portion of the disability.   This becomes a complicated area of negotiation and you want to hire someone with knowledge of this area.
  • How is child support calculated for military personnel?

    Answer:  Every military branch of service have regulations which require service members  to “provide adequate support” to family members. The military will honor every court order by a state court to force an individual to pay child support.
  • How is child support enforced in the military?

    Answer:  The military has absolutely no authority  to garnish an individual’s pay for child support without a court order. If a military member fails to provide support, the military can (and does) punish an individual, but such punishment is usually covered under the Privacy Act of 1974.
  • I’m currently deployed or on TDY. How can we work through a divorce proceeding?

    Service Members Civil Relief Act (SCRA) The SCRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed servicemembers. It is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty and relieve stress on the family members of those deployed servicemembers.  All the proceedings will be delayed until the servicemember returns.
  • How do the courts determine, or enforce, child custody and visitation when one or more parents is deployed or TDY?

    Answer:    It is difficult to enforce visitation if one parent is not stateside. Each case is different and has to be addressed individually.

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We’re here to help if you’re considering a military divorce or have been served. As an active-duty military spouse, there is free counseling available to you through Military OneSource. There are often programs and counselors at your local post or base — but only BEFORE you divorce.

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