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Austin Military Divorce Lawyer
Whether you are on active duty and stationed abroad or your ex-spouse is in the military, we are here to help you with your military divorce and child custody questions.
Military Divorce
Military divorces can present unique issues for both spouses during the divorce process, such as retirement benefits and child custody. Many of the same laws will apply to a military divorce. The court must still divide property and make child custody orders. Here are a few common issues we see in a military divorce:


Servicememberโs Civil Relief Act (โSCRAโ)
The Servicemembers Civil Relief Act is a federal law to help protect military personnel who are unable to participate in a divorce or custody case due to their military service. The SCRA may allow extra time for a military member to participate in a divorce. It also prevents the court from granting a default judgment against the military member.
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Protection of Certain Military Benefits
Texas is a community property state. This generally means that all property owned by the spouses belongs to them both and can be divided in a divorce. Military pensions can also be considered marital property. However, federal law protects certain types of military benefits from division by the divorce court.
Health Insurance and Other Benefits for Spouses
During a divorce, health insurance is especially important for the spouse who is covered through their spouseโs employer. Once the divorce is complete, the non-employee spouse will eventually lose coverage. However, depending on the length of a marriage and the number of years of military service, some military spouses may be entitled to ongoing military benefits after divorce.
Child Custody and the Military
For military families, a child custody order may need to look different from a standard order. This is especially true if the parents live in different states or may be deployed for an extended time period. If the military parent lives out of state, the order would need to account for the long-distance travel of the children. While electronic communication is not a substitute for actual visitation, one option is to have specific days and times set aside for Skype contact with the children.
Texas law also has special provisions for family members of parents serving the military. In some instances, a court may appoint a third party to step into the shoes of a deployed parent to exercise their possession time.
We understand that our military families have unique needs. Our family law attorneys have experience with these matters and are eager to help with your situation.
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I am active duty military and currently deployed. How do I handle the divorce process?
Handling your divorce while on deployment depends largely on your comfort level and the nature of the proceedings. If you believe being near your spouse during the divorce is crucial, you can utilize the Servicemembers Civil Relief Act (SCRA). This act provides an extra 90 days to respond to divorce proceedings and allows you to inform the court of your active duty status, requesting a postponement of the hearing until your return from deployment. The court may issue temporary orders, but the final decisions will be deferred. This is particularly advantageous if you anticipate a contentious divorce, as remote hearings are uncommon in such cases.
However, if you expect an uncontested divorce where both parties agree on the terms, you might consider having a military divorce lawyer manage the proceedings remotely.
You should speak with a military divorce lawyer to understand the best options for your situation.
Will I keep my military benefits after a divorce?
Active-duty military personnel will retain their benefits in the event of a divorce.
Spouses of active-duty service members may lose benefits. The Uniformed Services Former Spouses Protection Act protects these benefits in certain situations:
20/20/20 Rule
Full benefits (medical, commissary, exchange, theater, etc.) are given to the former spouse if the following criteria are met:
- The parties were married for at least 20 years.
- The military member performed at least 20 years of service creditable for retirement.
- There was at least a 20-year overlap of the marriage and the military service.
20/20/15 Rule
Former military spouses are entitled to limited privileges, including medical benefits for one year from the date of divorce, dissolution, or annulment if the following criteria are met:
- The parties had been married for 20 years.
- The military member performed at least 20 years of service creditable for retirement.
- There was at least a 15-year overlap of the marriage and military service.
How will divorce affect my military retirement benefits?
Military retirement benefits can be treated as marital property. This means that military pensions can be divided during the divorce process.
A common misconception in military divorces is that service members’ spouses cannot receive a portion of military pensions unless they have been married for 10 years.
The 10/10 rule states that if you were married for at least 10 years and your spouse served in the military for at least 10 years, then you’ll receive any awarded military retirement directly from the Defense Finance Accounting Service or DFAS. This rule does not determine if a military spouse is eligible to receive retirement benefits; it only determines how they will be paid if eligible.
Experienced military divorce lawyers can help protect your retirement benefits during divorce proceedings.
How are BAH benefits affected?
If you are a civilian spouse undergoing a separation from a military partner, you will likely not be eligible for the Basic Allowance for Housing (BAH). Access to family housing is generally lost 30 days after the service member vacates the premises due to the divorce.
For service members, the amount of BAH you receive may be adjusted depending on your situation. Our military divorce lawyers will help you understand the potential impacts on your BAH.
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Schedule a free consultation with an experienced Austin military divorce lawyer today.
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