Military families make many sacrifices for the security of the United States. Service members accept unpredictable schedules and hazardous careers. Their immediate family members accept the instability that comes from deployment and moving from base to base. They endure the stress of limited communication during training and the fear that typically accompanies a loved one’s deployment.
In some cases, the pressure on military families can prove to be too much. Some military marriages end in divorce. When that happens, the family has to address a number of complications that may not arise in civilian divorces.
Service members and their spouses are subject to the same laws as other divorcing couples but may experience unique challenges when ending a marriage during or after a military career. What unique factors may come into play during military divorces in Texas?
Issues with benefits
Service members have access to a variety of benefits provided due to their service. From TRICARE health insurance to housing support, many of those benefits also help their spouses and children.
A divorce may result in a non-military spouse losing eligibility for benefits and a change in what benefits the servicemember receives. Those pursuing a military career may need to address their military pension.
The pension itself is subject to division under the state’s community property statute. Any pension benefits accrued during marriage are likely part of the marital estate. Military rules may influence the distribution of the pension in accordance with the property division decree.
Complex custody cases
Dividing parental rights and responsibilities can be particularly difficult when one parent is in the military. The family may need to have a more extensive plan that includes rules for the deployment and training as well as a standard custody schedule.
Including terms for virtual visitation and other forms of electronic communication to maintain connections during training or deployment can also be important. The servicemember may also need to update the family care plan filed with their chain of command to reflect their new marital status and custody arrangements.
Servicemembers and their spouses often need professional help when preparing for their complex divorce proceedings. Seeking legal guidance can be helpful for such couples.