Lawyer for Military Divorce
Divorces can be especially complex when one or both spouses are in the military. There are many unique legal and practical considerations that can affect the divorce process.
The law firm of Wilson Brown, PLLC, represents military members and military spouses going through a divorce. We understand the unique challenges facing military members and spouses – living apart, frequent moves, deployment, and other factors.
Contact us to speak to a San Antonio attorney for military divorce. We represent clients stationed at Fort Sam Houston, Lackland Air Force Base, and other military bases throughout Texas.
A Full Range of Legal Services
As family law lawyers representing military members and spouses in Texas, we can help you address a variety of legal matters in your divorce:
- Child custody
- Child support
- Division of property and debts
- Division of military retirement benefits
- Alimony and spousal maintenance
- Other legal matters
Dividing Military Retirement Benefits
One of the biggest concerns facing military members and spouses in a military divorce is dividing military retirement benefits. Specific rules and formulas apply to the division of these benefits in a divorce, which consider the length of the marriage, the length of service, and the number of years that these events overlapped.
Full military retirement benefits may be awarded if the following conditions are met under the 20-20-20 rule:
- The nonmilitary spouse must have been married to the serviceman or woman for at least 20 years
- The serviceman or servicewoman must have 20 years of creditable service
- The marriage and the creditable service must have overlapped for at least 20 years
If these conditions are met, the nonmilitary spouse is entitled to full military retirement benefits. There is also a 20-20-15 rule that provides transitional medical benefits to nonmilitary spouses. We can help you understand military retirement benefit division as it applies in your situation when you come to our office for a consultation.
Military members have an option of purchasing a Survivor Benefit Plan, which provides financial compensation to a surviving spouse after a military member dies. A beneficiary is chosen when the Survivor Benefit Plan is established. After a military member dies, military pension payments to the non-military spouse may stop unless a Survivor Benefit Plan has been established.
Our military divorce lawyers are often asked the following: What happens to Survivor Benefit Plans when a marriage ends in divorce? Can an ex-spouse still receive survivor benefits? Can a new spouse apply for a Survivor Benefit Plan?
We can answer all of your questions about Survivor Benefit Plans when you meet with an attorney from our firm. We can help you determine what benefits you are eligible to receive and the best way to protect your assets in a military divorce.
Health Insurance Benefits
Many people have questions and concerns about maintaining health care coverage after a military divorce – both for ex-spouses and children. In general, children still qualify for military TRICARE plans following divorce. However, it is much harder for an ex-spouse to qualify for medical benefits after a military divorce. To learn about the specific qualifications, please talk to a lawyer from our office.
Contact a Military Retirement Benefits Attorney Serving Fort Sam Houston and Lackland Air Force Base
Contact the team today for a free case evaluation: 1-210-787-4637.