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When divorce happens in the military

On Behalf of | Dec 21, 2020 | Firm News |

The marital difficulties that over time can lead to divorce are often amplified for military couples. Between the stress of extended deployments of one or both spouses, and, where there are children, the responsibilities of the anchor parent to juggle single parenting for long periods of time, these unique challenges can gradually become too much for military families to sustain.

When going through divorce proceedings, it is important to know the legal support that is available to military members and their families in the Abilene area and at Dyess Air Force Base (AFB). During such times, it is crucial to have legal counsel that is experienced in the unique challenges of military divorce.

Understanding benefits in a military divorce

The Uniformed Services Former Spouse’s Protection Act (USFSPA) addresses the military spouse’s eligibility for a portion of their spouse’s military retired pay, as well as other benefits such as commissary, health care benefits and the enforcement of child support and alimony, as directed by court order.

Military pension and retirement can be classified as property and not income, which can affect how marital assets will be distributed in the divorce proceeding. The calculation of direct retirement payments can be complicated, depending on the amount of time the couple was married and how long the military spouse has been in the military.

Under Texas law, if the couple was married at least one year, the non-military spouse is eligible to claim retirement based on the military spouse’s rank at the time of divorce.

Child Custody and support

Another complication in military divorce cases is the effect of deployment on custody orders, visitation and the computation of child support. The court will look at all sources of military income when determining child support, such as Basic Allowance for Housing (BAH), Basic Quarters Allowance if you are living on base, and subsistence pay. A spouse whose military ex-spouse has left these sources out of his earnings may need legal assistance to recover necessary child support.

Military divorce in Texas

The Law Offices of Randy Wilson and Kristin Powell, PLLC have helped many military service members from around the world who face legal struggles here in the United States. Our attorneys lend their expertise to the complexities of military divorce proceedings as well as custody and child or spousal divorce issues. We can guide you through the divorce process and advocate for you in claiming the benefits and child support to which you are entitled.

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