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Fort Hood Lawyers Resolving Military Benefits And Pension Issues
One of the biggest issues in any military divorce is the division of military benefits, including retirement benefits. Many people have misconceptions about how these assets are divided in divorce. For straight answers and skilled guidance in your military divorce, contact Wm. Barry Phillips, P.C. Our law firm, based in Killeen, is proud to represent service members and spouses in divorce. Our lawyers fully understand the unique issues involved in fairly dividing military benefits and will work tirelessly to achieve your goals.
Killeen Military Pension Attorneys
When dividing benefits in military divorce, both Texas law and federal laws apply. Texas is a community property state, which means that most property a couple accumulates during marriage can be divided between them. Federal laws, such as the Uniformed Services Former Spouse Protection Act, also apply. Our attorneys understand how these different laws interact and how they will impact your specific situation.
One of the biggest myths about military divorce is that a civilian spouse is not entitled to any benefits unless the couple was married for at least 10 years. This is simply not true. The 10/10 rule, as it is known, concerns only whether the federal government will send a portion of retirement benefits directly to the civilian spouse. Therefore, service members may still have to pay their ex-spouse some portion of their retirement benefits even if their marriage lasted less than 10 years.
Other Military Benefits In Divorce
If a marriage lasted 20 years or more and a service member was in the military for 20 years during the marriage, a civilian spouse is eligible for military medical benefits for life. This is known as the 20/20 rule. Benefits such as the basic allowance for housing (BAH) and basic allowance for subsistence (BAS) are included when determining child support and other obligations. Whatever your situation, our law firm will present a strong case on your behalf.