Plenty of people in Texas are married to service members. When these marriages break up, there are some special considerations that come into play. Military spouses may have a difficult time establishing themselves in a career due to frequent relocations. They might rely on their partner’s benefits in terms of health insurance, and they may not have robust retirement accounts of their own. The division of assets in military divorces works differently from a typical divorce.
The rules for dividing assets
Military personnel are entitled to a number of benefits, depending on when and how they served. For example, they may receive special pay for combat. That’s an example of a benefit that’s not divided during a divorce. A veteran’s disability pay is also never affected in a divorce.
In a typical divorce, it’s common for retirement accounts like 401(k)s to be divided. In a military divorce, it works differently. Disposable retirement pay can be divided. The rules around that can depend on how long the couple was married and how that time coincided with military service. For example, one is the 10/10 rule. This specifies that the disbursement won’t go directly from the military to the ex-spouse unless they were married for ten years that overlapped with ten years of service.
In some cases, military spouses are able to keep their military IDs. This can also depend on the length of the marriage. At times, the military will grant an ID to a spouse without the servicemember’s knowledge or approval. All of these issues are complicated. It’s a good idea to consult an experienced lawyer who has handled these cases before. It may be difficult for a typical divorce lawyer to understand all the considerations at play.
