Military pay and retirement benefits are not just numbers on a statement. They can affect monthly income, long-term security, and future planning after divorce. Getting the division right usually comes down to clear records and the right court orders.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC explains how military pension and retirement benefits are handled in a divorce and why the details matter. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
How Do We Figure Out Which Part Can Be Divided
What happens to military pension and retirement accounts in a divorce can be very complicated. It depends on the military member’s years of service. It depends on the length of the marriage and the individual’s branch, whether they are active duty or in the reserves, and similar factors.
At Turner-Monahan, we focus on the details that matter in your case. Often, to stay up to date on what the Defense Finance and Accounting Service (DFAS) does regarding those matters, we contact someone who is a bit more of a military expert.
Military Retirement and Benefits Can Be Divided
Military retirement and other benefits are certainly divisible, and there are different benefits. It is allotted to the former spouse based on the number of years of service and the length of the marriage. So it can be very detailed.
Why the Paperwork Matters for Payment
Even when both spouses agree to the split, the plan or agency paying the benefit usually requires very specific wording before any payments can be made to a former spouse. Many retirement plans require a separate court order specifying how the benefit should be divided.
For military retired pay, DFAS and other pay systems also have strict rules about what they will accept, what dates matter, and what language must appear in the order. Getting this right early can prevent long delays and repeated trips back to court.
Things People Miss in Military Divorce Retirement Issues
Some military-related benefits do not work like a normal pension, and small details can change the outcome. Cost-of-living increases may apply over time, so the order should make clear whether they are shared.
Survivor benefits can also be a major issue, because they affect whether payments continue if the service member dies. Disability-related pay can also cause confusion, as some amounts may not be treated the same as regular retired pay. These are the kinds of issues that are easy to overlook until it is too late to fix them without more court action.
What Does the Texas Family Code Say?
Texas law gives the court the power to decide how retirement benefits are handled in a divorce, but it also sets some basic rules that guide the process.
Community Property Presumption
Texas Family Code Section 3.003 says that property possessed by either spouse during or on dissolution of the marriage is presumed to be community property, and separate property must be proven by clear and convincing evidence. This matters because retirement contributions and growth during the marriage often start from this presumption unless records show otherwise.
Just and Right Division
Texas Family Code Section 7.001 says the court shall divide the estate of the parties in a manner the court deems just and right, with due regard for the rights of each party and any children of the marriage. That means the split is not always a simple fifty-fifty rule, and the court can consider the facts of the family when dividing retirement benefits and other property.
Retirement and Employment Benefits Are Addressed in the Decree
Texas Family Code Section 7.003 says the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, and other similar plans in a divorce decree. This section is why retirement accounts are not treated as an afterthought. They are a specific part of the property division that the court must decide.
Getting a Qualified Domestic Relations Order After Divorce
Texas Family Code Section 9.101 states that the court that granted the divorce retains continuing jurisdiction to render an enforceable qualified domestic relations order or a similar order permitting payment of retirement or employee benefits to an alternate payee. In plain terms, if a QDRO or similar order was not completed at the time of divorce, Texas law may allow you to return to court later to get the right order signed so payment can actually happen.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Military retirement issues in divorce can turn on small details that are easy to miss. The safest approach is to gather the necessary documents and ensure the court orders match what the retirement system will accept. At Turner-Monahan, we recommend speaking with a Texas family law attorney so that the division is handled correctly and enforceably.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
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FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics related to the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
