Frequently Overlooked Aspects of Houston Military Divorces

Divorce is never easy, but for military families in Houston, the process involves a level of complexity that goes far beyond the civilian experience. Every decision, from dividing benefits to establishing custody, can be influenced by military service, deployments, and federal regulations. If you are facing a military divorce in Houston, understanding these overlooked aspects can mean the difference between a fair outcome and years of unexpected complications.

Count on Diggs & Sadler to handle overlooked aspects of military divorce, including healthcare benefits and survivor plans. Call (713) 766-5355 or contact us.

What Unique Legal and Practical Challenges Do Houston Military Families Face in Divorce?

How Are Military Pensions and Retirement Benefits Divided Under Texas Law?

Dividing military retirement in a Texas divorce requires aligning state community property rules with federal military regulations. Because military benefits have their own governing laws, precision matters at every step—from calculating the marital share to drafting orders that DFAS will accept.

Community Property Rules and USFSPA Basics

• Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Texas courts may treat disposable military retired pay as community property.
• Only the portion earned during the marriage is divisible, making the service-time/marriage overlap a key calculation.
• Accurate formulas and service records are crucial; miscalculations can result in an unfair share for either spouse.

DFAS Direct Pay Requirements

• DFAS can send payments directly to the former spouse only if the marriage and military service overlapped for at least 10 years.
• If the overlap is shorter, the court can still award a share of retirement, but payments must come directly from the service member.
• Divorce decrees must contain exact DFAS-approved language—mistakes can delay payments or leave the non-military spouse without an enforceable award.

TSP and Other Military-Related Retirement Assets

• The military pension is just one part of the retirement picture; many service members also hold a Thrift Savings Plan (TSP).
• TSP division follows different rules than the pension and requires a Retirement Benefits Court Order (RBCO) with specific instructions on distribution, tax treatment, and timing.
• Additional retirement accounts—such as IRAs or civilian employer plans after military service—may also require separate orders.

A lawyer familiar with military divorces ensures correct calculations and DFAS-compliant orders, helping both parties avoid costly errors and protect their long-term financial rights.

What Happens to Survivor Benefit Plan (SBP) Coverage During and After Divorce?

The Survivor Benefit Plan (SBP) ensures that a selected beneficiary can receive a portion of a service member’s retired pay after their death. Divorce has a direct impact on SBP rights and designation. A divorce decree must clearly state if the former spouse is to remain the “former spouse beneficiary.” Without clear instructions in the decree and proper notification, the benefit may go to another person or lapse entirely.

After a divorce, the former spouse or their attorney must notify DFAS and submit the necessary paperwork within one year to secure SBP coverage. Missing this deadline can result in permanent loss of the benefit. Many divorcing couples are unaware of how strict and time-sensitive this process is, leading to the unintentional forfeiture of a substantial lifetime benefit meant for former spouses or children.

SBP premiums are another important detail. Divorcing couples need to decide who pays the premium and how the costs will be divided. This should be addressed directly in the divorce order. If left undefined, disputes can arise later, especially if the payor remarries or the former spouse becomes ineligible by remarrying before age 55. Addressing SBP specifics during settlement negotiations guards against misunderstandings and preserves long-term financial security.

Can Ex-Spouses Retain Access to TRICARE and Military Health Benefits in Texas?

Access to TRICARE after divorce depends on strict federal eligibility rules. Understanding these requirements early helps former spouses protect their health coverage and avoid unexpected gaps in care.

Eligibility Rules for Continuing TRICARE Coverage

• 20/20/20 Rule: Full TRICARE benefits can continue for life if the marriage lasted 20 years, the service member has 20 years of creditable service, and there were 20 years of overlap—and the former spouse remains unmarried.
• 20/20/15 Rule: If only 15 of the marriage/service overlap years align, the former spouse receives TRICARE coverage for one year after divorce.

Options When Full TRICARE Eligibility Doesn’t Apply

• Former spouses who do not meet either rule may qualify for temporary coverage through the Continued Health Care Benefit Program (CHCBP).
• CHCBP functions like a transitional insurance plan but is usually more expensive than standard TRICARE options.

Legal counsel can help verify eligibility, help ensure all health care rights are protected in the divorce order, and provide guidance for the submission of the correct forms. This proactive approach is especially important in Houston, where military families frequently transition between bases and need consistent health coverage across systems and state lines.

How Does Military Service Impact Child Custody, Visitation, and Relocation in Texas?

Military service can significantly influence custody and visitation arrangements for Houston families, especially when deployments, relocations, or training schedules limit a service member’s availability. Texas law provides specific protections to ensure that military obligations do not unfairly harm a parent’s custodial rights.

How Military Duties Affect Custody and Parenting Time

• Frequent moves, deployments, and training can disrupt standard schedules, requiring flexible and adaptive parenting plans.
• Texas courts allow temporary custody modifications when a parent must deploy, ensuring the child’s stability during prolonged absences.
• Visitation may be delegated to a close relative or stepparent during deployment, preserving family bonds when appropriate.

Court Expectations and Protective Provisions

• Service members must notify the court and co-parent of upcoming deployments or PCS (permanent change of station) moves.
• Judges often order a make-up visitation once the service member returns, helping restore lost parenting time.
• Courts increasingly rely on virtual visitation tools—video calls, messaging apps, and scheduled phone time—to maintain consistent parent-child communication.

Relocation, Interstate Issues, and International Concerns

• When a PCS move takes a parent out of state or overseas, interstate and international custody laws may apply.
• Houston courts consider federal protections and, if relevant, the Hague Convention to manage cross-border custody disputes.
• Detailed, flexible parenting plans—especially those created with attorneys experienced in military family law—help anticipate relocations and ensure both parents remain involved in the child’s life, even across long distances.

How Do SCRA Protections and Texas Divorce Law Affect Case Timelines?

The Servicemembers Civil Relief Act (SCRA) can significantly influence how long a divorce takes in Texas, especially when one spouse is on active duty. These protections are designed to ensure fairness—not delay for the sake of delay—and they prevent a service member from being disadvantaged simply because they are fulfilling military obligations.

How SCRA Impacts Divorce Timelines

• SCRA allows active-duty service members to request a stay (pause) in divorce proceedings if deployment, training, or mission requirements make participation impossible.
• Courts require written notice and documentation explaining the service-related conflict before granting the stay.
• Judges evaluate the specifics—location, length of absence, and military duties—to decide how long a delay is appropriate.

Practical Steps to Manage Delays

• Early communication about deployments and duty schedules helps both parties anticipate timeline issues.
• Attorneys familiar with SCRA and Texas family law can guide spouses through documentation requirements and realistic scheduling expectations.
• Proactive planning minimizes unnecessary disruptions, ensuring that the case moves forward as efficiently as possible once the active-duty spouse can participate.

What Should Reserve and National Guard Families Know About Divorce in Houston?

Divorce involving National Guard and Reserve service members brings distinct challenges due to differences in pension accrual, benefit eligibility, and active duty status. Retirement benefits are calculated using a points-based system, not years alone, and values must be meticulously reviewed to ensure a fair division. Houston attorneys familiar with these cases know to request and analyze point statements, activation records, and projected benefit calculations before finalizing settlements.

Eligibility for post-divorce benefits depends on the total qualifying service and the overlap with marriage. Some entitlements, such as continued health care, may not be available if the service member's activation periods were limited or did not coincide with marital years. These distinctions require careful documentation, clarity in the divorce decree, and sometimes negotiation with federal benefits offices to confirm precise eligibility and division.

Guard and Reserve families in the Houston area need an advocate who will proactively gather evidence, explain all available benefits, and help secure every asset or entitlement. Without this attention, divorces can result in overlooked resources, denied benefit applications, or misunderstandings about long-term obligations—problems that can persist well beyond the decree’s finalization.

How Are LGBTQ+ Military Families and International Marriages Treated in Texas Divorce Cases?

Houston courts now recognize divorce rights for LGBTQ+ families equally, affording the same protections and opportunities as any other family under Texas law. However, unique challenges still arise in qualifying for federal benefits, updating records, and overcoming potential discrimination or administrative delays. Same-sex couples should ensure that all documentation—from marriage to divorce to beneficiary forms—reflects their legal status and is properly updated after court orders are entered.

International marriages involving military service members carry added risks and complexities regarding jurisdiction, custody, and enforcement of support orders. The question of where to file, and which country’s laws will govern, often depends on factors such as current station, country of marriage, and existing treaties. Houston-based legal teams must have a strong working knowledge of both Texas family law and the international agreements that may apply, like The Hague Convention, to advocate effectively for parental rights and fair asset division.

For both LGBTQ+ and international military families, divorce planning should be thorough, and anticipation of future moves, deployments, or international transfers should be addressed directly in court orders and settlement agreements. This strategy safeguards ongoing relationships, ensures continuity of benefits, and provides clarity around complex cross-border or administrative legal issues.

What Key Questions Should You Ask Before Starting a Military Divorce in Houston?

Prepare a detailed list of questions for your initial consultation, such as:

• How will deployments, PCS moves, or international reassignments affect custody and visitation?
• What steps are required to secure continued TRICARE or SBP coverage after divorce?
• How will you approach dividing less-obvious benefits such as TSP accounts, GI Bill, or VA home loan entitlements?
• Are child support and spousal support calculated differently when one parent serves in the military?
• How do you coordinate with military commands or JAG attorneys to serve papers and manage court procedures?

Asking the right questions at the start helps you prepare, understand your rights, and choose a legal team best suited to address the realities of military divorce in Houston.

Resources for Houston Military Families Facing Divorce

Military divorce isn’t just a legal or financial process—it’s a personal and often stressful life event. Houston-area military families can access local and national support organizations designed to assist during divorce. These include the Texas Veterans Legal Assistance Project, Military OneSource, various VA counseling programs, and resources provided by the Houston Bar Association. Such organizations offer legal guidance, support groups, and assistance with transitioning benefits.

Base legal assistance offices and Family Support Centers help families understand changes to benefits, submit necessary paperwork, and provide referrals to additional resources. Many groups also run workshops or briefings on topics like housing, TRICARE, and child custody after divorce, tailored to military families’ concerns and frequently updated to reflect current laws. In-person and online communities offer support, advice, and encouragement during a time of transition.

When you’re ready to take the next step or want reassurance about your rights, reach out to the experienced, client-first team at Diggs & Sadler. Our Houston office brings strategic, trial-ready preparation to each case and always puts your needs at the heart of our advocacy.

Connect with us at (713) 766-5355 to protect what matters most to your family—today and for the long term.