All too often, military service puts strains on the families of those who make the choice to serve. From redeployment to the constant change in location, there are numerous ways that military service may factor into the decision to end a marriage. When it does come to divorce, there are several issues that must be addressed for both ex-partners to be able to move forward with their lives.
Understanding the distribution process
The primary matters that have to be settled through the course of divorce proceedings usually include child visitation and custody, alimony and complex property division. Under Texas state law, property that was obtained by either party during the marriage is considered community property. This means that the property is fairly distributed between both parties. The only exception is when the property was gifted or inherited.
It’s important to note that “fairly distributed” doesn’t always mean an even split. It takes professional legal guidance to navigate the nuances of the community property law and break down how your share is calculated.
For cases of inheritance or gifts, it’s critical for the property owner to have legitimate evidence to back up their claim. This evidence must show the property’s origins to be admissible. It often helps to receive legal guidance to find the right pieces of evidence to bring forth, verifying ahead of time that they’ll hold up in court.
A common misconception is that a couple must be married for a minimum of 10 years to be able to divide their military pensions. For people living in Texas, it doesn’t matter how long you’ve been married. The moment the nuptial vows are made, retirement benefits begin accruing for both partners.
When a military divorce occurs before retirement, the non-serving partner usually loses their medical benefits. In most cases, military children will receive TRICARE medical care until the age of 18 or graduation from high school.
Going through a divorce is a challenging and complex process for everybody. For military families making this heartbreaking but sometimes necessary life decision, the process is made much more manageable by understanding what you need to prepare for.