Examining Military Divorce Law in Texas

Examining military divorce law reveals just how complex ending a marriage can be when one or both spouses are in the armed forces. While Texas courts still follow standard divorce procedures, federal laws add unique challenges that can’t be overlooked. From deployment schedules and base housing to military retirement pay and healthcare benefits, these factors play a critical role in shaping the outcome. By examining military divorce law, spouses can better understand the intersection of state and federal regulations—and why a military divorce requires careful planning beyond what’s typical in civilian cases.

Military and Civilian Divorce in Texas: Key Differences

Texas handles military divorces through the same court system as civilian ones. But military status affects timelines, procedures, and benefits. While a Texas family court issues the divorce, federal laws control how military pay, retirement, and benefits are divided.

Texas Residency Requirements

To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county for 90 days. For service members stationed in Texas, the law counts time spent on a Texas base or post as residency. This applies whether you live on base or off.

Spouses who live out of state but are married to a service member stationed in Texas can file in the service member’s Texas county.

The Servicemembers Civil Relief Act (SCRA)

Military duties can delay legal action. The Servicemembers Civil Relief Act (SCRA) helps protect active duty members from default judgments if deployment or training prevents them from appearing in court.

Under SCRA, a court may:

• Delay the divorce process
• Postpone hearings
• Block default judgments until the service member can respond

To claim this protection, the service member must request it in writing and provide proof of duty conflict.

Military Divorce Timelines

Civilian divorces in Texas typically follow a 60-day waiting period after filing. But that may stretch out longer in military cases due to deployments, overseas assignments, or SCRA-related delays.

This doesn’t mean the process becomes easier or more lenient. Texas courts still apply the same standards to child custody, property division, and spousal support. The difference lies in scheduling and jurisdiction, not the court’s judgment.

Dividing Military Retirement and Benefits

One of the biggest differences in a military divorce is how to divide retirement pay and military benefits. This includes pensions, health care, and access to base privileges.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

Federal law does not automatically grant a non-military spouse a share of military retirement pay. But under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts may treat it as marital property and divide it during divorce.

Texas is a community property state. That means courts may divide all property acquired during the marriage equally, including the military pension. However, the court doesn’t split the retirement itself—it gives each spouse a percentage of the value earned during the marriage.

The 10/10 Rule

To receive retirement payments directly from the Defense Finance and Accounting Service (DFAS), the couple must meet the 10/10 rule:

• The marriage lasted at least 10 years
• The military member served at least 10 years during that marriage

If the couple meets this rule, DFAS sends the non-military spouse’s portion directly. If they don’t meet it, the military spouse must make payments to the ex-spouse privately.

TRICARE and Health Benefits After Divorce

TRICARE is military health coverage available to service members, spouses, and dependents. After divorce, a former spouse usually loses access unless they meet specific requirements.

The 20/20/20 Rule

To stay eligible for TRICARE after divorce:

• The couple must have been married for at least 20 years
• The service member must have completed 20 years of service
• The marriage and service time must overlap for 20 years

This gives the former spouse full benefits for life unless they remarry.

The 20/20/15 Rule

If the overlap was only 15 years, the spouse may receive one year of limited health coverage under TRICARE.

Once TRICARE ends, the former spouse can purchase coverage through the Continued Health Care Benefit Program (CHCBP) for a limited time.

Child Custody and Visitation for Service Members

Child custody works differently for military families due to frequent moves and deployments. Texas courts look at the child’s best interests and consider the impact of a parent’s military duties.

Standard Possession May Not Work

Texas has a Standard Possession Order that many courts use. But in military families, flexibility is often needed. Courts may approve modified visitation schedules to allow makeup time during leave periods or remote communication during deployment.

Family Care Plans

Active duty parents must create a Family Care Plan. This outlines who will care for the child during deployment and how custody arrangements will resume afterward.

Family Care Plans don’t replace court orders, but they help show the parent’s responsibility and planning. Courts may review these plans during custody hearings.

Custody Modifications

Military moves don’t automatically qualify as grounds for permanent custody changes. However, courts can grant temporary custody to the other parent during deployment. Once the service member returns, the court may revert custody to the original terms.

Child Support Obligations

Texas calculates child support based on income. For military members, this includes:

• Base pay
• Basic Allowance for Housing (BAH)
• Basic Allowance for Subsistence (BAS)
• Special duty pay or bonuses

Courts may adjust the amount based on parenting time and other children in either household. Even during deployment, support payments must continue on schedule.

The military enforces support obligations. Service members who fail to pay child support may face wage garnishment, rank reduction, or disciplinary action.

Spousal Support (Alimony) in Military Divorce

Texas rarely awards permanent spousal maintenance. In military divorces, the rules are no different, but military pay and allowances may affect how much the court grants.

Courts consider:

• Length of marriage
• Income gap between spouses
• Ability to earn or find work
• Health issues or caregiving duties

Temporary support may last until the divorce is finalized or for a limited period after.

Jurisdiction Challenges in Military Divorce

Because military families move often, deciding where to file can be tricky. Texas law allows a military divorce if:

• One spouse is stationed in Texas
• One spouse lives in Texas
• The couple agrees to file in Texas

Before filing, consider where most property is located, where the children live, and where either spouse plans to settle after the divorce.

Protection Against Domestic Violence

Military spouses who experience abuse can seek protection through both the civilian and military system. Texas courts can issue restraining orders. Meanwhile, military commanders can take administrative action against service members who commit abuse.

In divorce cases involving abuse, Texas courts may limit custody or visitation and require supervised visits.

Key Takeaways for Navigating Military Divorce Law in Texas

Examining military divorce law in Texas reveals a process that demands both patience and strategic planning. Service members and their spouses face distinct challenges—such as deployments, shifting healthcare coverage, and complex rules around dividing military retirement benefits. Despite these hurdles, Texas family courts are committed to handling military divorces with fairness and respect for those who serve.

By examining military divorce law, families can better navigate the overlapping layers of state and federal regulations. Active duty doesn’t strip service members of their parental rights, property interests, or legal protections. With a solid understanding of the law, military families can avoid costly missteps and approach divorce with greater clarity, confidence, and control.

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Other Articles you may be interested in:

1. Understanding the Texas Rule of Civil Procedure Important to Divorce
2. Does the Military Provide Divorce Lawyers?
3. Is Divorce Laws In Texas Right for Your Situation?
4. Military Families and Child Custody Challenges in Texas: A Comprehensive Guide
5. Division of military retirement pay in Texas divorces
6. Is military disability pay a marital asset?
7. Do deployed soldiers cheat, and more questions for military divorces in Texas
8. What is the “10/10” rule in the military?
9. Does my ex get half my military retirement?
10. Child Support, Military Entitlements, and Calculations
11. An attorney can help get you alimony from your military spouse
12. How do you choose the right state for a military divorce?
13. Military disability pay in a Texas divorce case
14. Division of military retirement pay in Texas divorces
15. What rights does a military spouse have in a Texas divorce?
16. There are many ways to stay close to your child while deployed