Full question:
After eighteen years of marriage (she is retired military), I am ready for a divorce. My question is as the husband (I am on disability) am I able to receive a portion of her retirement pay and am I obligated to help her refinance our home?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Texas
Answer:
In Texas, either spouse can file for divorce based on insupportability due to discord, without needing to prove fault. However, fault grounds such as cruelty or adultery also exist.
Texas follows equitable distribution for dividing property and debts, meaning the division should be fair but not necessarily equal. The court has discretion in this division.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are divided during divorce. Under this act, a former spouse may receive a portion of the military member's retirement pay if they were married for ten years or more while the member served on active duty. The military retired pay is considered marital property and can be divided in divorce proceedings.
Military retired pay is defined as the member's monthly retired pay minus certain deductions. The USFSPA allows state courts to treat military retirement benefits similarly to civilian pensions.
Additionally, a former spouse can be designated as a beneficiary of the Survivor Benefit Plan (SBP), which provides income after the retiree's death. If the servicemember had elected this coverage at retirement, it can continue for the former spouse if they elect it within one year post-divorce.
Regarding the marital home, if both parties agree that your spouse will keep the home, you would need to transfer your title to her, potentially receiving compensation for your share. You are not obligated to assist her in refinancing the home unless there is a court order. If she seeks to refinance while still married, you are not required to help, but ensure that any new debt is treated separately during asset division in the divorce.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.