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He made the process so easy.

I was going through a divorce and had no idea what to do. I found Bryan Fagan and his team and I decided to give him a try. He made the process so easy. If you want an attorney who will take care of you he’s your guy.

Really awesome group of people at this office.

Every person at this office has been extremely pleasant. From the personnel working the reception area, to the finance group, to the attorneys, as well as Bryan himself, and they all have such a welcoming attitude and that is something that is comforting during a difficult time. My attorney Kyle Pinkerton is great and Michael […]

I would recommend this firm to anyone.

Everyone at this firm has been great. Michael Tijerina has responded in a timely manner to every email that my family and I have sent. Hes been very helpful and informative. I would recommend this firm to anyone.

Absolutely amazing company.

Everyone I spoke with was very kind and helpful. Sam and Karen were very, very patient with me and I greatly appreciate that. They took the time to answer all my questions and make sure I was taken care of. The finance woman, oh how I wish I remembered her name, she was absolutely AMAZING. […]

Extremely knowledgeable, helpful, kind, informative, and professional.

Connie-Ann was an extremely knowledgeable, helpful, kind, informative, and professional. I will continue to work with these great folks and will suggest anyone needing legal advice and help to contact the Law Office of Bryan Fagan!!!

Open minded, patient, professional.

For fathers that are very involved in their kids lives and have to deal with the nightmare of divorce I would highly recommend Bryan Fagan and request specifically Jessica Horace and her paralegal Estrellita Ventura. Jessica is a strong and true advocate for fathers in the courtroom and has an assassins’ vibe where opposing counsel […]

Houston Military Retirement Lawyers

Fighting for Your Legal Rights in Family Law Matters

Whether you are a military servicemember or a civilian, going through a divorce is commonly a tough and often expensive family law matter. In every divorce, whether military or not, the issue of the division of marital property and debt must be settled. Marital property includes everything that a couple acquires during the marriage that is considered an asset, such as homes, vehicles, bank accounts, investments, and even pensions. Part of this issue in military divorces is the matter of a servicemember’s military retirement pay and if a former spouse can claim a portion of it through divorce. This can become a contentious matter.

At the Law Office of Bryan Fagan, PLLC, we provide personalized and dedicated legal service to members of the military facing family law issues, such divorce, child custody and visitation, and more. Our firm understands the unique challenges and difficulties that our dedicated military servicemembers face on a daily basis when serving our country as well as when facing family law issues. We are here to give you the dedicated support you need through negotiation, mediation, and litigation services involving any and all family law matters. We urge you to take advantage of our successful track record in resolving such matters for all Texans.

Learn more about how we can help you with personalized service and attention. Call the Law Office of Bryan Fagan, PLLC at (281) 810-9760 to book a free consultation with a Houston military retirement attorney.

Military Retirement Pay & Divorce

Military retirement pay is a vital asset for many individuals who have retired; this pay can build up fairly quickly in comparison to how civilian retirement accrues. It is also subject to and administered by the Defense Finance and Accounting Service (DFAS) which is part of the U.S. Department of Defense. This agency takes care of all payments made to servicemembers. When this agency is required to distribute pension funds to a servicemember’s former spouse, it will only do so when that former spouse has fulfilled what is required under the Uniformed Services Former Spouse Protection Act

The FSPA does not give an automatic right to a former spouse to collect a portion of the servicemember’s retirement pay. It does, however, give the right to a state family court to award that portion of retirement pay through a divorce decree final court order. This law also provides enforcement measures for collecting child support or spousal support that has been awarded through a state court’s order.

Texas is a community property state when it comes to the distribution of marital property, assets, and debts. That generally means an even split or as even as possible under the specific circumstances of the case. Under the community property rule, military retirement pay may be considered a marital asset subject to a split of up to 50 percent. That laws of the state where the divorce takes place, not the USFSPA dictate how much of a servicemember’s retirement pay may be allotted to a former.

Under the USFSPA, a former spouse may make a claim to be paid his or her portion when it has been demonstrated that the marriage lasted a minimum of 10 years and that the servicemember acquired 10 years of service during that time. When that requirement is fulfilled, the DFAS will then be able to pay the former spouse his or her share of the retirement pay directly.

Experienced Legal Representation for Military Retirement Pay

Whether you are seeking or contesting military retirement pay as part of a Texas divorce settlement, you will find knowledgeable legal help at our firm. Our skilled legal team understands the rigors and challenges of military life and the unique laws that govern such military family law matters as divorce, child custody, child support, and the division of marital property and debt. We can use our legal knowledge, litigation skills, and dedication to excellent service to help you both inside and outside of the courtroom through appropriate legal means.

Get the legal advocacy you need by contacting us online or at (281) 810-9760 today.

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