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Military Divorce & Division Of Benefits

The sacrifice of serving our great nation, while admirable and appreciated, can undoubtedly place a great strain on military families. For example, the constant moving and redeployment often causes serious marital problems. In these difficult times, a military family must cope with many divorce issues, including child custody and visitation, support, and complex property division.

Attorneys Randy Wilson and Kristin Postell have successfully handled many military divorces. We have a comprehensive understanding of military law, as well as a unique insight into the special considerations of military divorce. No matter the situation, we will fight for a full and fair division of both military benefits and marital assets.

If you or your spouse was in the military during the marriage, then under Texas law, the non-military spouse has accrued a claim for retirement based on the person’s rank and years served at the time of divorce. Specific formulas dictate the benefits that each spouse is entitled to at the time of divorce. Whether you are a member of the military or your spouse is a member of the military and you are seeking to protect your claims and benefits, an experienced military divorce attorney can assist you in protecting your rights and future benefits. If you or your spouse is serving in the armed forces and need a skilled divorce lawyer, contact attorneys Randy Wilson and Kristin Postell for a free consultation.

Dedicated Assistance With The Division Of Retirement Benefits

Texas is a community property state. This means in Texas that any property that was acquired during the course of the marriage is community property unless it was inherited or a gift — must be divided fairly among the parties. However, this does not necessarily mean a 50-50 split. There are exceptions to this general rule. Our attorneys can point out and act as your advocate in these exceptional situations.

Conversely, separate property — property acquired before the marriage or by gift — is not subject to division. Ownership of any separate property must be supported by evidence, which tracks the origins of the property. Randy Wilson and Kristin Postell are adept at assisting you in tracking your valuable separate property to protect it from being divided by a court or protect it from division.

Many servicemembers and spouses who come to the The Law Offices of Randy Wilson and Kristin Postell, PLLC, for the first time are surprised to learn that you do not need to be married for at least 10 years in order to divide military pensions. In fact, under Texas law, both spouses accrue retirement benefits whether married one day or twenty years.

For example, if a couple has been married for 18 years, a military spouse may be entitled to 18 years of accrued retirement benefits. Residence is often a major consideration in the dissolution of a marriage. It is important that you consult with an attorney who understands what constitutes or what does not constitute residence by a member of the armed services or their spouse under the law. Attorneys Randy Wilson and Kristin Postell can help you.

A Note about military divorce Unless a military divorce occurs after retirement, the non-serving spouse will GENERALLY lose his or her medical benefits. Children will GENERALLY receive medical care under TRICARE until they are 23 or graduate from college.

Asset Division In Military Divorce

In any military divorce, the following assets must be accounted for and assigned an accurate value:

  • Residential or commercial property
  • Cars and recreational vehicles
  • Ownership in a business
  • Stocks and insurance policies
  • Military retirement benefits
  • Debt such as mortgages or credit card debt

You only get one chance to get a military divorce right. Contact attorneys Randy Wilson and Kristin Postell for a free consultation. We can help you understand your rights and provide the information you need to make wise decisions.