Mark Childress, PC

Divorce, Child Custody & Family Law

Get Started With A


Main Menu

Creative Solutions

For Your Family Law Needs.

Subscribe to this blog's feed

Will my service in the military affect my divorce?

Divorce is difficult no matter what you do for a living, but it can be especially complex for Texas individuals who serve in the military. Several factors can make the end of a marriage difficult for military members and their spouses. If you are facing a military divorce, you would be wise to know what is ahead and how you can protect your interests. 

Military divorces are very similar to civilian divorces in most ways. However, when it comes to certain retirement accounts and pensions, there are factors that parties must address in order to complete the divorce process. Knowing your rights is the first step in protecting the assets you are entitled to and securing a strong post-divorce future.

Your divorce and your post-military life

Military retirement accounts are one of the main ways that a military divorce will differ from a civilian one. If you are active duty military or you served in the past, you may need to know the following about addressing your retirement assets during a divorce:

  • If you and your spouse were married for a period of at least 10 years that overlapped with 10 years of service, the non-military spouse would be eligible for direct payment of his or her share of retirement assets.
  • If a spouse is not eligible for direct payments through the Defense Finance and Accounting Service, that does not mean that he or she is not eligible for a portion of retirement assets.
  • An ex-spouse is only eligible for as much as 50 percent of military retirement assets.

You served your country and are looking forward to your retirement, but it is prudent to consider how the end of your marriage could impact your plans for your life after military service. The percentage of your military retirement that could go to your spouse depends on various factors that include a potential buyout, when the actual payout will occur and more.

How can you protect your interests?

If you are facing a divorce and you serve in the military, you have no time to lose in learning how you can protect yourself and your financial future. You would be wise to seek help in order to better understand how military retirement will be impacted by your divorce. With help, it is possible to seek and secure a final arrangement that allows you a strong future even after your marriage is over and after your retirement from the military.

No Comments

Leave a comment
Comment Information