MILITARY RETIREMENT IN DIVORCE
In Texas, military disability benefits are generally considered separate property and not subject to division in a divorce. Here are some important points to understand regarding military disability benefits in a Texas divorce:
1. Separate Property Status: Under federal law, military disability benefits are classified as separate property. This means that disability benefits received by a service member due to a service-related injury or illness are generally not considered marital property or community property.
2. Division Exclusion: Because military disability benefits are considered separate property, they are typically excluded from the division of assets in a Texas divorce. The non-military spouse generally does not have a legal claim to a portion of the disability benefits.
3. Spousal Support: However, it's important to note that while disability benefits themselves may be separate property, the court may consider them when determining spousal support or alimony. The court may consider the disability benefits as a factor in assessing the financial resources and needs of both spouses.
4. Additional Assets and Income: It's essential to distinguish between military disability benefits and other assets or income that may be part of the marital estate. For example, if the service member receives a disability pension that includes a portion of retirement pay waived due to disability, that portion may be subject to division as community property.
5. Agreement and Negotiation: Spouses have the option to negotiate and reach agreements regarding the division of assets, including disability benefits, outside of court. These agreements can specify how disability benefits will be treated and whether any portion will be allocated to the non-military spouse.
6. Legal Advice: If you are going through a divorce in Texas and military disability benefits are a factor, it is advisable to consult with a family law attorney who has experience in military divorces. They can provide guidance specific to your circumstances, ensure your rights are protected, and help you understand the potential implications of disability benefits in your divorce case.
It's important to note that laws can change and every case is unique, so it is crucial to seek professional legal advice to fully understand how military disability benefits may be treated in your specific Texas divorce.