Texas Law on Division of Military Pensions in Divorce: How Is It Calculated?

Understanding the Division of Military Pensions in Texas Divorces

When a marriage dissolves in Texas, and one or both spouses are members of the military, the division of military pensions becomes an important financial matter. Military pensions are considered community property under Texas law, meaning they are subject to division between spouses in a divorce. The calculation of how a military pension is divided in Texas adheres to both state laws and federal guidelines.

The Federal Uniformed Services Former Spouses' Protection Act (USFSPA)

The division of military pensions is primarily governed by the USFSPA at the federal level. This act allows for the direct payment of a portion of a military pension to a former spouse if certain conditions are met. It also provides a framework for states to classify military retirement pay as property rather than income.

Texas Community Property Laws and Military Pensions

In Texas, the community property system means all assets and debts acquired during the marriage are typically split equally between spouses upon divorce. However, for military pensions, the calculation can be more complex. The portion of the pension that is subject to division is usually that which was earned during the marriage.

Calculating Division of Military Pensions in Texas

To calculate the division of a military pension in a Texas divorce, a formula known as the 'time rule' is often applied. This rule considers the length of the marriage overlapping with military service to determine what portion of the pension is divisible.

For example, if a service member was in the military for 20 years and married for 10 of those years, then 50% of the pension is community property. From there, each spouse would typically be entitled to half of that community portion, meaning the non-military spouse could receive 25% of the total pension.

Special Considerations

Several factors can affect the division of a military pension, including:

It's crucial for divorcing spouses to understand that disability pay is not subject to division as community property. Additionally, court orders such as Domestic Relations Orders (DROs) can stipulate specific terms for pension division.

Seeking Legal Assistance

Navigating through the complexities of dividing a military pension in Texas requires legal expertise. It is advisable for individuals going through a divorce involving military pensions to seek assistance from attorneys who specialize in military divorce matters.