Military Divorce Lawyer in Houston
Military divorces follow the same Texas family law rules as any other divorce – but layered on top are federal protections, military retirement division rules, and unique custody challenges that civilian attorneys often handle poorly. We get it right.
How Military Divorce Differs from Civilian Divorce
The legal framework is Texas family law. The complications come from federal statutes and military realities:
- Servicemembers Civil Relief Act (SCRA) – federal protections that can pause divorce proceedings during active duty
- Uniformed Services Former Spouses’ Protection Act (USFSPA) – federal law governing how military retirement is divided
- 10/10 Rule – direct payment of military retirement through DFAS only if the marriage and service overlapped by 10+ years
- Deployment – possession schedules must accommodate deployment, training, and PCS moves
- Survivor Benefit Plan (SBP) – election decisions that affect the spouse’s lifetime income after the servicemember’s death
- Military medical (TRICARE) – continued coverage rules under the “20/20/20 rule” (and partial coverage under 20/20/15)
- BAH (Basic Allowance for Housing) – how it counts in support calculations
- Jurisdiction and residency – military families often have complex jurisdictional questions across states and countries
Where to File a Military Divorce
A military divorce can typically be filed in Texas if:
- Texas is the legal state of residence of either spouse, OR
- The servicemember is stationed in Texas, OR
- The non-servicemember spouse is a Texas resident of 6+ months and the filing county for 90+ days
Many military families maintain Texas residency for tax and benefits purposes even while stationed elsewhere. Texas’s family law framework is generally favorable to servicemembers on retirement division and to spouses on community property. Where you file matters – sometimes a different state’s laws would produce a better outcome.
The SCRA — Protections for Active-Duty Servicemembers
The SCRA provides federal protections that can pause or delay divorce proceedings against active-duty servicemembers. Key provisions:
- Stay of proceedings – a servicemember can request the court stay the case for at least 90 days if military duties prevent appearance
- Default judgment protections – courts cannot enter default judgment against an absent servicemember without specific procedural protections
- Interest rate caps – pre-service obligations carry a 6% interest cap during active duty
For the non-service member spouse, the SCRA can produce frustrating delays. For the servicemember, it’s a critical protection. We help clients on both sides navigate it.
Talk to Kuehm Today.
Dividing Military Retirement Under USFSPA
The USFSPA allows state courts to treat disposable retired pay as community/marital property – but with specific federal rules:
- The court can divide the “marital portion” of the retirement (the portion earned during marriage)
- The 2017 NDAA changed how the marital share is calculated – for divorces finalized after December 2016, the formula generally uses the servicemember’s pay grade and time-in-service at the time of divorce, not at retirement
- Disability pay is NOT divisible under USFSPA, which complicates cases where retirement is partially converted to disability
- Direct payment from DFAS to the former spouse requires the “10/10 rule” – 10 years of marriage that overlapped 10 years of creditable service
The retirement division is often the largest single financial issue in a military divorce. Drafting the division order correctly – and qualifying it through DFAS – requires specific expertise.
Survivor Benefit Plan Election
The SBP provides an annuity to a designated beneficiary after the servicemember’s death. SBP election decisions are critical:
- The election is typically irrevocable once finalized
- A “former spouse” SBP election names the ex-spouse as beneficiary
- The premium reduces the servicemember’s net retirement
- A “deemed election” by court order can be made within strict deadlines if the servicemember refuses to cooperate
- Missing the deadline forfeits the right – no exceptions
Make sure your divorce decree addresses SBP election explicitly, and that any required deemed election forms are filed on time.
Custody Issues for Military Families
Military families face custody complications most civilian families never see:
- Deployment – what happens when the custodial parent is deployed for 6–12+ months
- PCS moves – geographic restrictions that don’t accommodate ordered relocations
- Long training rotations – TDY, schools, sea duty
- Drilling Reservists and Guard members – weekend drills and annual training
- Custody during deployment – Texas allows a deploying parent to delegate possession to a family member (typically a grandparent) during deployment, preserving the family relationship
Texas has specific statutory provisions for service member custody, including protections against permanent custody changes based on temporary deployment.
Child Support for Military Families
Texas child support is calculated from “net resources” – and that includes:
- Basic pay
- BAH (Basic Allowance for Housing) – typically included as income
- BAS (Basic Allowance for Subsistence) – usually included
- Special pay – flight pay, hazardous duty pay, sea pay
- Bonuses and reenlistment bonuses
For Reservists and Guard members, calculations get more complex – distinguishing drill pay from full-time orders, partial-year service, and supplemental income.
Don’t accept a guideline calculation that omits any of these. We make sure the calculation captures actual income.
TRICARE Eligibility for Former Spouses
The “20/20/20 rule” and “20/20/15 rule” govern former-spouse TRICARE eligibility:
- 20/20/20 – 20 years of marriage, 20 years of service, 20 years of overlap → full TRICARE for life
- 20/20/15 – 20 years of marriage, 20 years of service, 15 years of overlap → 1 year of transitional TRICARE
- Outside these rules – former spouse can purchase Continued Health Care Benefit Program (CHCBP) for up to 36 months
Plan around this. For non-eligible former spouses, the post-divorce health coverage transition is a significant financial issue.
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Can I get divorced while my spouse is deployed?
Possibly. The SCRA allows the deployed service member to request a stay of proceedings. With consent or under specific procedural safeguards, the case can move forward. Talk to a lawyer about the right approach.
Will I lose my military benefits if we divorce?
Some yes, some no. Retirement benefits earned during marriage may be divided. TRICARE eligibility depends on the 20/20/20 or 20/20/15 rules. Survivor benefits depend on SBP election. We help you understand exactly what you keep.
Does Texas divide all of my military retirement?
No - only the marital portion (earned during marriage). And only disposable retired pay is divisible. Disability pay is not.
How long do I have to be married to get any military retirement in divorce?
There's no minimum to be entitled to a share - but direct payment from DFAS requires the 10/10 rule (10 years of marriage overlapping 10 years of service). Without 10/10, the servicemember pays the former spouse directly.
Can I keep custody if my spouse is being deployed?
You can. The risk: poorly-drafted decrees that don't address all issues, that aren't enforceable, or that lock you into bad terms. We see these come back to bite people years later.
Talk to a Houston Military Divorce Lawyer
Whether you’re an active-duty servicemember, a Reservist or Guard member, a veteran, or a military spouse, your divorce will be more complex than a civilian case – but with the right counsel, it doesn’t have to cost you what you’ve earned.
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