On behalf of The Law Offices of Mary Ann Beaty, PC posted in Military Divorce on Wednesday, April 13, 2016.
Texas residents about to undergo divorce often have unique situations. Of course, the large divorce components play a part in many divorce cases — that is, property division, child support, spousal support, child custody and the like. However, some divorces have unique factors that may play a large role and affect the outcome of a divorce. One type of divorce cases that brings into it unique factors is when one or both spouses are in the military.
State and federal law play a part in military divorcing. Federal laws can affect where divorcing couples are to have their divorce proceeding and how their military pensions are to be divided. In most cases, active duty service members are protected from divorce proceedings. The Servicemembers Civil Relief Act (SCRA) protects active duty men and women from being sued or having to begin divorce proceedings while on active duty or for 60 days following active duty.
As with all other retirement benefits, military pensions are able to be divided between spouses in the even of divorce. Full medical, exchange and commissary priviliges may also be available to the spouses of former military personnel when the couple was married for 20 years or more, there was at at least a 20 year intersection between marriage and military service, or the service member performed a minimum of 20 years of credible service toward retirement pay.
As becomes apparent, military divorce brings with it many unique factors. Covered here was some of the basics of military divorce. In order to come to a fuller understanding of military divorce and what it may entail, it can be helpful to consult with a family law attorney.
Source: FindLaw, “Military Divorce,” Accessed on April 12, 2015