The Division Of Military Retirement Assets In A Texas Divorce
Divorce is complicated and emotional in the best of circumstances. Military divorce proceedings can be even more complicated due to the division of military retirement assets.
Our founding attorneys at Rosales Law Firm have more than 40 years of combined experience helping clients in El Paso resolve their military divorces. Born and raised in El Paso, they have dedicated their legal careers to protecting the rights of their hometown community. They are well-known as tough litigators and fierce negotiators. With an intricate understanding of Texas laws as they apply to military divorce, they are also adept at resolving the complex financial issues that arise when dividing retirement assets in a military divorce.
The Uniformed Services Former Spouses’ Protection Act And Military Divorce
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that influences how military retirement pay is handled in a divorce. It allows state courts to treat military retirement benefits as marital property, which can then be divided between spouses during divorce proceedings.
This means that a portion of the military member’s retirement pay may be allocated to the former spouse, depending on the court’s decision. The USFSPA does not automatically grant a share of retirement pay. Instead, it provides the legal framework for state courts to consider these benefits in their rulings.
What Is The 10/10 Rule In A Military Divorce?
The 10/10 rule in military divorce cases states that if the marriage lasted at least 10 years, overlapping with 10 years of military service, the Defense Finance and Accounting Service (DFAS) could pay any share of the military spouse’s retirement benefits directly to the former spouse. The 10/10 rule simplifies the process, ensuring timely and consistent payments.
Texas Law And Military Pensions
In Texas, federal law allows the state to have jurisdiction over divorce cases, including military pensions. Texas law treats military pensions as community property, meaning they are subject to an equitable division between spouses. This often results in a 50/50 split.
Our experienced divorce lawyers have been helping military families with their legal challenges throughout their legal careers. They have a thorough understanding of Texas division of property laws and how they affect military retirement assets in a divorce.
How Is A Military Retirement Account Divided In A Divorce?
When dividing a military retirement account during divorce proceedings, the court first considers the length of the marriage and the amount of time served in the military during the marriage. These factors are calculated together to determine the portion of the pension that qualifies as marital property. Our military divorce attorneys will advocate on your behalf to make sure this calculation is and the division of military retirement accounts are fair and just.
Dividing Retirement Assets With A Qualified Domestic Relations Order
In Texas, a Qualified Domestic Relations Order (QDRO) is a court order that directs a financial institution to divide the funds in a retirement account and transfer ownership to the respective spouses. A financial institution cannot disperse retirement funds without a QDRO.
A QDRO also allows parties to transfer specified amounts of money out of a retirement account without requiring the parties to pay taxes or early withdrawal fines. A QDRO can also direct retirement funds to be paid as child support or spousal maintenance, which can be helpful if child support payments are delinquent.
Consult A Military Divorce Attorney For The Division Of Your Retirement Assets
Our military divorce lawyers at Rosales Law Firm have been helping El Paso military families for decades. They are available for initial consultation appointments where they can answer your questions and tell you more about how the divorce laws work in Texas.
To schedule an initial consultation, you can send us a message through our website, or give us a call at 915-219-5516.