Military servicemembers may find themselves preparing for divorce while stationed in Texas. They could be unsure of what to expect. Both servicemembers and their spouses recognize that their unique circumstances could lead to more complicated divorce proceedings.
One of the many challenges couples may have to overcome is the need to address military benefits. Military benefits are valuable and can certainly cause complications during divorce negotiations. A military pension is one of the most valuable benefits offered to servicemembers.
People sometimes have unrealistic ideas about what happens with military pensions when they divorce. What are the rules that govern the division of a military pension in a Texas divorce?
Texas community property rules apply
Some people mistakenly believe that a divorce involving military servicemembers has different rules than other divorces. The statutes that govern custody, financial support and property division depend on the jurisdiction where someone files for divorce.
For those stationed in Texas, Texas state laws, not special military rules, determine what should happen with their property. Most divorcing spouses have to divide any income or resources accumulated during the marriage with each other. Community property rules do not force couples to divide their assets in a 50/50 split. Instead, the Texas standard for community property involves trying to reach fair terms based on the circumstances of the marriage.
Fair can look drastically different from one marriage to the next. Typically, at least a portion of the pension is likely subject to division in a Texas divorce. Any contributions to the account during the marriage are divisible. Any amounts accrued prior to the marriage or after a formal separation of the spouses are likely the separate property of one spouse.
Military rules govern the distribution of funds
One of the reasons people misunderstand what happens with the military pension is that there is a special rule for distributing pension funds. The rule does not influence the overall division of the account but rather who makes funds accessible to the non-military spouse.
The 10/10 rule for pensions influences whether the Defense Finance and Accounting Service (DFAS) can provide direct payments to the non-military spouse. If the marriage lasted at least 10 years and the military service number spouse has 10 years of service during that time, the non-military spouse can receive direct pension payments from DFAS. Otherwise, the spouses have to make alternate arrangements for sharing pension benefits.
Learning more about the complexities of military divorce can benefit service members and their spouses. Understanding the law before setting goals for divorce is generally wise.