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Property division and military families

Texas is home to numerous military families. Like any other family, military families will face their moments of tranquility and their moments of challenge. When the moments of challenge become a problem, and the couple decides that it is time to divorce, these families have a number of property division issues that need to be considered.

As with any couple-divided assets, it is possible that one spouse will be looking to receive a portion of the other spouse's retirement pay. In some instances, an order can be issued for this pay to be directly deposited into the individual's account. For this to be done with military retirement pay, however, there are certain criteria which must be met. In addition to the couple's marriage lasting in excess of 10 years, they must have been married for at least 10 years during which the spouse was an active member of the military.

Another item to consider is survivors' benefits. When the military member decides to retire, he or she has the option to elect survivors' benefits or, with the spouse's consent, decline such benefits. Even if the individual is listed as the recipient for survivors' benefits prior to divorce, this can change after the divorce. As such, this is an item that should be addressed as part of the divorce settlement.

Property division is an important part of any Texas divorce. Whether the divorcing couple is military or civilian, many of the challenges they face are similar. An experienced attorney can assist is navigating these challenges and deciding the best way to approach each one.

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