June 19

How disability issues are handled during a military divorce in Texas

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Picture this: You’re in love, head over heels, and saying “I do” to the person in uniform who sweeps you off your feet. Fast forward a few years, and the marital bliss has turned into a divorce discussion. What happens to all those military benefits? Do they march off into the sunset with your ex, or do you get to keep a piece of that pie? Well, dear reader, we’re here to unpack the intricacies of military divorce and answer the burning question: “Does a military spouse keep benefits after divorce?”

Short Answer: “Yes, some benefits stay, but it’s a maze we’ll navigate together.”

So, grab your metaphorical compass, and let’s embark on this adventure through the land of military divorces, where benefits, laws, and real-life stories come together to guide you to your happily ever after.

Military Divorce: Do You Keep the Benefits After the Love Fades?

Military servicemembers in some circumstances sustain injuries while in the line of duty. If you were unfortunate enough to sustain an injury that ended your military career and caused you to receive disability benefits through the Veterans Administration, you don’t need me to tell you that it is a hassle and a half to get to the point where benefits are paid to you. The attorneys with the Law Office of Bryan Fagan, PLLC believe that we as your neighbors and as fellow Americans are forever indebted to you and your family for the sacrifices you have enduring while defending our country and our freedoms at home and abroad.

When it comes to those disability payments they are unfortunately received in most cases by reducing the amount of retirement benefits you would stand to receive later in your life. It is possible that your disability payments are going to be divided in your divorce in Texas. Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss that topic in greater detail.

Military Retirement benefits in a divorce

A federal law known as the Uniformed Services Former Spouses Protection Act (USFSPA) allows divorce courts in Texas to divide up your military retirement pay between you and your spouse as a part of divorce proceedings. When you and your spouse finally do get divorced the terms of this division will be detailed in your Final Decree of Divorce. You would not start to receive these retirement benefits until you actually retire but your spouse can be awarded a percentage of your retirement benefits before you retire. However, your spouse would stand to receive the money from your retirement benefits only after you actually do retire.

Veterans Administration Benefits in a divorce

The disability benefits that you earn as a result of being injured while in the military are typically not divisible by a divorce court. This can have a significant impact on your spouse’s future benefit from these retirement funds.

Let’s consider an example before we press on with today’s blog post. Take, for instance, a scenario where your retirement benefits pay you $3,000 per month and your divorce decree allows you to receive half of this. In most cases she would be receiving $1,500 a month in retirement benefits. Keep in mind, however, that if you waive a specific portion of your retirement benefits and accept that same amount as a monthly disability benefit then your retirement pay would go down and you would stand to pay less to your spouse in a divorce.

In the above scenario you would be able to keep more money that you receive as a function of your military service. Disability benefits are tax free and your retirement benefits are not, keep in mind, so it would make sense on multiple levels to receive your money as disability rather than as retirement benefits.

What affect does all of this have on child support and/or alimony?

Veterans Administration benefits are fair game when it comes to consideration of what you can and should be paying in monthly child support and alimony bills. This is true even if those benefits awarded for injuries sustained while in the military are your only source of income. The reason for this is a Supreme Court (United States, not Texas) made a determine in a prior decision that this source of income is intended a supplement to a person’s income rather than the sole source of that income. In the event that your divorce goes to a trial and the judge awards child support or alimony payments to your spouse and you subsequently fail to pay the amounts as ordered you can be found in contempt of court for violating the judge’s orders. Punishment for doing so can be fines and/or jail time of up to six months. Unlike in the example in the prior section of this blog, disability benefits through the Veterans Administration can be garnished in order to pay back child support and/or alimony.

What sort of benefits can a spouse get from the military if married for less than ten years?

If you are in a relatively young marriage (less than ten years married) and are considering a divorce from your military spouse, you likely have some questions about what sort of benefits are you entitled to (if any) as a result of being married to a person who is serving in the military. You’ve become accustomed to receiving benefits from the military- health insurance, disability pay, retirement pay, etc.- and now want to know what you can do, if any, to ensure your continued ability to receive those benefits.

The USFSPA covers scenarios like this where you as a non military spouse are able to maintain those benefits to which you have become accustomed to receive as a result of your marriage. In general, however, if you and your spouse have not been married for at least twenty years then you will likely not have any claim to your spouse’s retirement benefits.

What the laws in the USFSPA state in regard to this matter are very specific when it comes to non military spouses and their ability to receive and maintain military benefits even after divorce. Most of the time you as the non military spouse are not eligible to receive benefits after your divorce if your marriage is relatively new. Family services, grocery stores, housing and health insurance are all part of the package of benefits that military members and their families receive. These are typically lost in a divorce for the spouse unless your marriage has been in place for longer than twenty years. An exception to this rule is if you have children. Children are treated as dependents of the military member and would still be eligible for these benefits.

Could retirement benefits might still be in play for a non-military spouse at divorce?

Young marriages do not allow for the maintenance of many of the benefits that come along with being married to a person in the military, as we have just seen. However, there are some scenarios where retirement pay may still be available in limited circumstances. Up to half of your spouse’s retirement pay can be awarded to you in a divorce under the USFSPA. Retirement benefits can be divided up in your property division of your divorce decree or can be substituted in full or in part as alimony/child support.

How does a non-military ex-spouse get paid benefits after the divorce is finalized?

The government agency that handles the payment of military benefits can sent retirement pay directly to you as a non-military ex-spouse. For this to occur, however, you and your spouse must have been married for at least ten years and the years that your spouse was in the military must also be at least ten. A family law court in Texas must order that this direct payment of benefits occur. Child support is handled differently and can be paid directly to you no matter how long your marriage lasted

Military benefits are important and complicated

The bottom line is that there are many rules and regulations when it comes to military benefits-retirement or disability. It is hard enough to keep track of them all and even more difficult to apply them to your circumstances without missing something. It’s for this reason why hiring a family law attorney with a great deal of experience handling divorces for military members and their families is highly recommended.

Understanding Military Divorce: What Happens to Benefits After Divorce

In the complex world of military divorce, many questions arise, but one that often takes center stage is, “Does a military spouse keep benefits after divorce?” It’s a crucial concern, given the unique circumstances that surround military life. In this comprehensive article, we will explore various aspects of military divorce and how it impacts the benefits of the non-military spouse. From disability ratings to child custody, we’ve got you covered.

Disability Rating: Deciphering the Impact

Military life can be physically demanding, and injuries are not uncommon. When a military servicemember sustains an injury, they may be entitled to disability benefits. However, it’s essential to understand how disability ratings are determined and how they affect benefits.

Disability ratings are assigned by the Veterans Administration (VA) based on the severity of the injury. These ratings influence the amount of disability benefits the servicemember receives. In the context of divorce, these benefits are typically not divisible by the court, meaning they are not subject to division between spouses. This can have a significant impact on the non-military spouse’s future financial situation.

Navigating the Legal Process

Divorce is a legal process, and in Texas, it involves specific procedures and court requirements. Understanding the legal framework for dividing military benefits during a divorce is crucial.

The Uniformed Services Former Spouses Protection Act (USFSPA) allows divorce courts in Texas to divide military retirement pay between spouses. The terms of this division are detailed in the Final Decree of Divorce. It’s important to note that the non-military spouse may receive a percentage of retirement benefits, but only after the military servicemember retires.

Spousal Support: Alimony in Military Divorces

Spousal support, also known as alimony, can play a significant role in military divorces. It’s essential to discuss the possibility of spousal support and understand how it’s determined.

Spousal support is not guaranteed in every case, but it may be awarded based on factors such as the length of the marriage, the financial needs of the spouses, and the ability to pay. In some instances, military benefits, including retirement pay, can be considered when determining the amount of spousal support.

Child Custody and Support

For military families with children, child custody and support are critical issues. Military service can impact child custody arrangements and child support payments.

The military’s frequent relocations and deployments can complicate child custody agreements. Courts consider the best interests of the child when making custody decisions, and stability and continuity are often key factors.

Child support calculations typically take into account the income of both parents. This includes any military benefits received by the servicemember. Ensuring that child support payments are fair and consistent is a top priority.

Navigating the Veterans Administration Process

For servicemembers seeking disability benefits through the Veterans Administration, the process can be complex. Understanding how to navigate this process is vital.

The VA has specific criteria for determining eligibility and disability ratings. It’s essential to gather all necessary medical documentation and evidence to support your claim. Seeking legal guidance or assistance from veterans’ service organizations can be beneficial.

Post-Divorce Finances: A New Beginning

Once the divorce is finalized, both the military servicemember and the non-military spouse face changes in their financial circumstances.

Military benefits, including retirement pay and healthcare, may be impacted by the divorce. It’s essential to plan for these changes and ensure financial stability for both parties.

Aspect	Impact on Post-Divorce Finances
Military Retirement Pay	May continue, subject to divorce terms
Disability Benefits	Generally not divisible in divorce
Spousal Support (Alimony)	May be awarded based on financial needs
Child Support	Determined based on income and custody
Healthcare Benefits	Coverage may change, consider alternatives
Tax Implications	Potential tax consequences post-divorce

Length of Military Service: Implications for Benefits

The length of a military career can have a significant impact on benefits and asset division during divorce.

Military retirement benefits are typically available after 20 years of service. However, even if the marriage is shorter than 20 years, retirement pay may still be a factor in the divorce settlement.

Healthcare Benefits: Post-Divorce Coverage

Healthcare benefits are a crucial aspect of military life. After divorce, non-military spouses may wonder about their eligibility for continued healthcare coverage, especially if there are children involved.

The availability of healthcare benefits for non-military spouses post-divorce can vary depending on several factors, including the length of the marriage and whether the non-military spouse has their own healthcare coverage.

Mediation and Alternative Dispute Resolution

Divorce litigation can be emotionally and financially draining. Exploring alternative methods for resolving divorce-related issues can be beneficial.

Mediation is one such alternative. It involves a neutral third party who helps facilitate negotiations between the divorcing spouses. Mediation can be particularly useful in military divorces, where communication and cooperation are vital, especially when children are involved.

Impact on Military Housing

Military housing is a unique benefit provided to servicemembers and their families. Divorce can raise questions about housing arrangements, particularly for the non-military spouse.

Understanding how divorce affects military housing and whether the non-military spouse can continue to live on base is crucial for both parties’ housing stability.

Division of Military Pensions

Military pensions are a significant asset, and their division during divorce can be complex. The Survivor Benefit Plan (SBP) is an important consideration in this process.

The USFSPA allows for the division of military pensions in divorce cases. Up to half of the servicemember’s retirement pay can be awarded to the non-military spouse. This can be done as part of the property division in the divorce decree or as alimony/child support.

The Importance of Legal Representation

Navigating the complexities of a military divorce requires legal expertise. It’s crucial to emphasize the importance of hiring experienced family law attorneys who specialize in military divorces.

These attorneys have a deep understanding of the unique challenges and intricacies involved in military divorces and can provide invaluable guidance throughout the process.

Resources for Veterans and Their Families

Going through a military divorce can be emotionally and mentally challenging. It’s essential to mention the availability of resources and support networks for veterans and their families facing divorce.

Veterans’ service organizations, counseling services, and legal aid can provide much-needed assistance and guidance during this difficult time.

Post-Divorce Financial Planning

Planning for life after divorce is essential for both the military servicemember and the non-military spouse. Financial stability is a shared goal.

Both parties should consider their financial futures, including budgeting, savings, and investments, to ensure a smooth transition into post-divorce life.

Impact on Military Benefits for Children

Children of military servicemembers may rely on certain military benefits, such as education benefits. Understanding how divorce affects these benefits is crucial.

In many cases, children remain eligible for military benefits as dependents of the servicemember. However, it’s essential to address these considerations during the divorce proceedings.

Tax Implications: Navigating the IRS

Divorce often has tax implications for both parties. Understanding potential tax consequences related to the division of military benefits is essential for financial planning.

Consulting with a tax professional can help ensure compliance with tax laws and optimize the financial outcome for both the military servicemember and the non-military spouse.

In conclusion, military divorce brings unique challenges and considerations, especially regarding the retention of benefits by the non-military spouse. From disability ratings to child custody, it’s essential to navigate these complexities with care and seek legal counsel when necessary. By understanding the intricacies of military divorce, both parties can work towards a fair and equitable resolution that considers the well-being of all involved.

Conclusion:

As we bid adieu to this whirlwind tour of military divorces and benefits, remember this: life doesn’t always follow the drill sergeant’s orders. In the realm of divorces, it’s not just about saying goodbye; it’s about securing your future and ensuring your fair share of the perks.

So, to answer the age-old question, “Does a military spouse keep benefits after divorce?” The answer is a resounding “Yes, but it’s a bit of a dance!”

As you embark on your own unique journey through the military divorce landscape, armed with knowledge and a touch of humor, remember that you’re not alone. Countless others have trodden this path, and with the right support and understanding, you can march forward towards a brighter, benefit-filled horizon.

Keep your chin up, soldier! You’ve got this, and your benefits are here to stay (with a few caveats). Until next time, may your battles be few, and your benefits be bountiful.

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