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Advocating For You

What is a military spouse entitled to in a divorce?

Although most Austin area couples believe their marriage will last forever it is not always the case. There are many reasons why a couple finds that divorce may be necessary. This is an emotional and stressful time for couples and for a military family there can be even more uncertainty. A military spouse may wonder what they are entitled to in a divorce.

Military families have unique circumstances when it comes to a military divorce. Military spouses can expect to receive a share of the military pension, according to the Uniformed Services Former Spouses’ Protection Act, if they have been married at least ten years overlapping at least 10 years of military service. Those who have been married at least 20 years, with 20 years of overlapping service are entitled to additional benefits. These may include medical benefits and commissary and exchange privileges. Those married 20 years with a 15-year overlap of marriage and military service can qualify for one year of medical coverage.

Because a military divorce offers additional complications it can be helpful for a person going through a divorce to consult with a legal professional who is skilled in military divorce. Having an attorney who understands both family law and the rules for dividing military benefits is critical. There can also be custody and child support issues that are unique to military divorces. An attorney can help their client through this tough time and make sure their future is protected.

Depending on the length of marriage and military service, military spouses can be entitled to additional military benefits. Consulting with an attorney who specializes in military divorces can be important for a Texas resident.