3 Things to Consider When Divorcing a Military Spouse

 Posted on July 25,2024 in Child Custody

Divorce can be challenging, but divorce involving a military spouse can be even more so. People who are on active duty are entitled to certain benefits and protections — financial and otherwise — that can affect the divorce process. Before going into divorce, it is important to understand how your spouse’s military status may impact the proceedings.

This article will discuss three things you should consider when divorcing a spouse in the military. Keep in mind, however, that this is not a comprehensive list and you should consult a Texas military divorce attorney if you are considering a military divorce.

Service of Process

The divorce process starts when you file an Original Petition for Divorce with the county clerk and serve a copy to your spouse, called service of process. Normally, you would serve your spouse the papers either via certified mail, the sheriff’s office, or a process server. 

If your spouse is on active duty, however, you may run into a few complications:

• You must serve your spouse the papers personally, not through anyone else. If your spouse is stationed overseas, this can delay the process significantly.

• The Servicemembers Civil Relief Act (SCRA) makes it a requirement for a servicemember to consent to the divorce while on active duty in order for the divorce to move forward. If he or she does not consent, the divorce will not proceed until the servicemember has finished active duty. This is so that spouses serving in the military will not be bogged down with distractions while performing their duties.

• Even if your spouse does consent to the divorce, he or she may request additional time to start proceedings.

Asset Division

In a divorce, Texas law entitles both parties to community property, which refers to any possessions that were acquired during the marriage by either spouse (with some exceptions). Retirement accounts such as IRAs and 401(K)s and pension funds are usually considered community property and divided between the spouses. 

The same goes for a servicemember’s military pension. According to the Uniformed Services Former Spouses Protection Act (USFSPA), depending on how long spouses have been married, a court can divide a military spouse’s disposable retirement pay between both parties. Disposable retirement pay refers to monthly pension money that is left over after other expenditures, like covering a disability or a debt to the government.

Military Benefits

If you are married to an active duty member of the US military, you likely have been receiving certain benefits like health care and military housing. When you get divorced, you will no longer be entitled to those benefits. During the divorce process, however, you may continue to access them.

Contact a Denton County, TX Military Divorce Attorney

A military divorce has some significant differences from a civilian divorce, which is why you should seek a Prosper, TX military divorce lawyer. At Pfister Family Law, we are experienced in both civilian and military divorces and our skilled attorneys will provide you with top-level legal services. Call 972-954-6455 to speak with an excellent attorney today.