You’ve worn the uniform. You’ve kept your focus through deployments, relocations, long nights, and longer distances. But now, the challenge in front of you isn’t on the battlefield—it’s at home. The marriage isn’t working. Maybe it hasn’t been for a while. And now the word “divorce” is out on the table.
If you’ve served in the military, splitting up can bring a few more complications than most people expect. And if you’re not careful, some of the things you’ve earned through service might end up on the line.
Here’s what veterans should be aware of before filing for divorce.
Your Military Pension May Be Up for Division
According to the USFSPA (Uniformed Services Former Spouses’ Protection Act), state courts are allowed to treat military pensions as marital property. That means your spouse could be entitled to a portion—even if you’re not yet retired.
How that division plays out depends on several things: the length of the marriage, how much of it overlapped with your service, and the laws in your specific state.
The Survivor Benefit Plan (SBP) Might Come Into Play
If your pension is divided, your ex-spouse may also request SBP coverage—the insurance that ensures they continue receiving payments if you pass away. But SBP comes with a cost. It’s deducted from your retirement pay, and once it’s in place, it can be tricky to reverse. Veterans often agree to this coverage without fully understanding the long-term financial impact.
Before agreeing to anything, ask yourself: Is this mandatory under your divorce decree, or negotiable? And what happens if you remarry or start a new family?
Housing Is Another Hurdle—Especially If You’re On Base
If you and your family have been living in military housing, a divorce likely means moving out. In most cases, the non-service member spouse and children may be required to vacate base housing within 30 days of separation.
This transition from military to civilian housing can be abrupt and financially straining, especially if child custody or school stability is a concern.
Planning for where you and your children will live after the divorce is critical.
Don’t Forget About VA Loans and Other Benefits
Veterans often rely on VA loan benefits to purchase homes without a down payment. But after divorce, your eligibility (and ability to reuse your entitlement) can get complicated, especially if your former spouse remains in the home.
Healthcare coverage, commissary access, and other benefits may also change post-divorce. Some benefits continue for former spouses if they meet the so-called “20/20/20 Rule” (20 years of military service, 20 years of marriage, and 20 years of overlap of the marriage and military service). But anything less than that? It’s likely cut off.
Divorce Is Already Hard. Don’t Make It Any Harder
Veterans face a unique set of challenges when a marriage ends. From pension division to benefit changes, what you don’t know can cost you. The proper legal counsel from a trusted and competent family law attorney can help you protect what you’ve earned and guide you through the transition with clarity and confidence.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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