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The unique aspects of a military divorce
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The unique aspects of a military divorce

On Behalf of | Mar 30, 2021 | Family law |

During a divorce, two Texas spouses will have to divide marital assets, address child custody and make decisions regarding financial support. Even in situations where the two parties are resolved to remain amicable and reach a final order out of court, this can be a complex and emotionally challenging process. It can be especially challenging when one or both spouses are in the military.

Military service affects various areas of life. If you are a service member or you are married to one, there are certain things you need to know about how your service could affect your divorce and post-divorce future. It is in your interests to be prepared so you can understand what to expect and what you may need to do to fully protect your interests.

The finances

There are certain things that could complicate the financial aspects of a military divorce, such as the issue of the appropriate division of the military pension. The non-military spouse is entitled to a up to half of the military pension if he or she was married to a service member for at least 10 years during his or her time of service. Though many don’t realize it, you could negotiate that percentage. It is also possible the court may reward more than half of the pension to the non-military spouse.

If you are in a divorce and you are military or your spouse is military, the military pension is a valuable asset. Careful and thoughtful negotiations may be necessary to ensure you don’t leave any money on the table or lose a larger portion of your long-term savings. Every decision you make will affect you in the future, and it’s helpful to have a long-term perspective when navigating these issues.

The children

When one parent is in the military, this could affect how and when he or she may be able to see the children. Future deployments, moves to new duty stations and other factors could impact custody and visitation plans. Children benefit when allowed to have the fullest relationship with both parents, something that can be quite complicated for military families.

The future

As with any divorce, the goal in a military divorce is to secure terms that allow for a strong and stable future. Military service members or spouses have the right to fight for what they believe is in their best interests and the interests of their children. You may find it helpful to learn about the specific laws that pertain to military divorce and how they may affect you.