Legal Question in Family Law in Texas

divorce/retirement

my husband and i have been married for 19years and are in the process of getting a divorce.he is in the militaryand says i do not get any of his benefits.is this true?


Asked on 12/28/08, 5:11 pm

1 Answer from Attorneys
Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: divorce/retirement

The military pension benefits that accrued during marriage are community property and subject to division just like any other pension.

In the past this was not the true as a result of a Supreme Court case that said that states could not divide military benefits in divorce actions, however Congress passed an act called the Unformed Services Former Spouse Protection Act that overturned that decision.

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Answered on 12/28/08, 9:33 pm


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