Texas Military Divorce Calculator

Texas courts divide military retirement as community property under USFSPA (10 U.S.C. § 1408), treating disposable retired pay earned during marriage as a divisible marital asset. The court typically awards the non-military spouse a percentage calculated using the "time rule" formula—years of marriage during service divided by total service years, then multiplied by 50%. For divorces finalized after December 23, 2016, the divisible amount is frozen at the service member's pay grade and years of service at divorce, per the 2017 NDAA amendment.

The 10/10 rule requires 10 years of marriage overlapping 10 years of creditable military service for DFAS to send direct payments to the former spouse. This rule affects only the payment mechanism—not entitlement. Former spouses not meeting the 10/10 threshold may still receive court-ordered shares of retirement, but the service member must make payments directly each month. The 10/10 overlap need not be consecutive; total qualifying time is cumulative.

Former spouses meeting the 20/20/20 rule—20 years of marriage, 20 years of service, and 20 years of overlap—retain full TRICARE coverage indefinitely. The 20/20/15 rule (15 years overlap) provides only one year of transitional coverage after divorce. Former spouses not qualifying under either rule may purchase Continued Health Care Benefit Program (CHCBP) coverage for up to 36 months, but must apply within 60 days of the divorce decree becoming final.

Federal law prohibits Texas courts from dividing VA disability benefits as marital property. Under 10 U.S.C. § 1408 and the U.S. Supreme Court's 2017 Howell v. Howell decision, disability pay is the service member's separate property. Texas courts cannot order indemnification or reimbursement if a service member waives retirement for disability after divorce. However, Texas courts may count disability payments as income when calculating child support or spousal maintenance under Texas Family Code § 154.062.

Military members stationed in Texas for at least six months may file for divorce in Texas under Texas Family Code § 6.303, even if Texas is not their home of record. Deployment outside Texas does not break residency continuity. The filing spouse must also have resided in the specific Texas county for 90 days. For USFSPA jurisdiction over retirement division, the court must have personal jurisdiction over the service member through residence, domicile, or consent—not merely military assignment.

Texas Family Code § 154.062 defines "resources" broadly, and Texas courts include Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) when calculating the obligor's net resources for child support—despite these allowances being non-taxable. If the service member lives in government-provided housing and receives no cash BAH, some Texas courts may impute fair market rental value as income. Texas child support guidelines then apply: 20% of net resources for one child, up to 40% for five or more children.

The Survivor Benefit Plan (SBP) under 10 U.S.C. §§ 1447-1455 provides an annuity to survivors if the retiree dies—without it, military retirement payments stop at death. Texas courts may order former spouse SBP coverage as part of the property division. The service member or former spouse must file DD Form 2656-1 within one year of the divorce decree to elect coverage. Former spouses should file a "deemed election" using DD Form 2656-10 to protect their rights if the service member fails to act.

Yes, the Servicemembers Civil Relief Act (50 U.S.C. § 3931) allows active-duty service members to request a 90-day stay of divorce proceedings if military duties prevent court appearance. Courts must grant this initial stay upon proper application showing deployment or service-related absence. Additional 90-day extensions may be granted by the judge. However, Texas courts may deny stays if the service member appears to be abusing SCRA protections or can reasonably use leave time to attend proceedings.