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How are assets and children divided in a military divorce?

On Behalf of | Aug 22, 2014 | Military Divorce |

Military divorces bring myriad issues and concerns with them that most divorces do not, which can make it harder for courts to decide how things are divided if a married couple splits up. As with most divorces, the most highly contested issues in a military divorce seem to be money and children. More specifically, people are often concerned with: What custody arrangements will be reached, how military pensions will be divided, and how much child support they will have to pay, if any.

An article from the military’s official website recently tackled many of these issues. It may not surprise you to learn that the answer will differ depending on individual circumstances, but there are a number of factors that contribute to the court’s decision and can help you anticipate with some modicum of certainty just what your outcome might be. Generally speaking, service members who are constantly being deployed to active duty are unlikely to seek sole custody, and this situation could have a serious effect on how much time they get to spend with their children in general. This could also affect child support payments, as less time spent with the child might mean paying more to help with child care.

Military pensions are considered marital property, which means that they can be divided should a couple decide to divorce. In most instances, the pension’s marital portion is divided, with half going to the non-military spouse. However, the division is negotiable depending on how long the couple were married, and how much of their time spent married overlapped with the military member’s service.

Ultimately, military divorces pan out similar to non-military divorces, but all divorces are subject to unique circumstances. The additional variables in a military divorce mean that the circumstances could have a much greater impact. Texas values its servicemen and servicewomen, and it’s important that military divorces are fair to both parties. Coming to an agreement with your spouse can make the divorce process easier, but if negotiation fails, legal assistance can help you get what is rightfully yours from a divorce.