How divorce impacts military spouses

How divorce impacts military spouses

| Nov 4, 2020 | Divorce |

Texas is a highly populous state with a lot of married military personnel in all branches of service stationed here. The particular pressures of a military marriage can make divorce even more likely than among the general civilian population. For a spouse who is not a military member, divorcing an active-duty member raises many important questions.

Jurisdiction might be in another state

A military divorce will often have one spouse stationed in one location and another living in another state or even another nation if the military member is stationed overseas. Federal law will determine where that divorce can be filed and which jurisdiction will handle the legal case. Any military ID used by the non-military spouse remains valid until the military revokes it.

Ongoing spousal support rules

Many longtime military spouses qualify for ongoing support but often on a limited basis. If the marriage lasted at least 20 years, the military spouse served at least 20 years and at least 15 years of the marriage included active-duty military service, then a divorcing spouse earns at least partial ongoing support from the military. If the marriage lasted at least 20 years of active military service, the divorcing non-military spouse could obtain full ongoing support.

Retirement support might apply

A divorcing spouse might also qualify for at least a partial distribution of an active military member’s retirement income. The complications of state law versus federal law regarding military pension pay complicate the matter, but an attorney who is experienced in handling military divorce cases may help to affirm your spousal rights. A skilled attorney may be able to prevent your spouse’s military service from negatively affecting your case as they work to help you obtain the best possible settlement.