Divorce is challenging for any family, but when one or both spouses are members of the military, the process becomes even more complicated. Issues like deployments, military pensions, benefits, and jurisdictional rules often require additional legal steps and careful planning.
At WSM, we understand that military families face unique challenges when a marriage ends. Our San Antonio family law firm is committed to protecting the rights, stability, and future of women in uniform as well as military spouses.
If you’re a woman considering divorce from a service member, or if you serve in the military yourself, our attorneys can help you understand your rights and prepare for what lies ahead. We offer free consultations and can be reached at (380) 203-2023 to discuss your options in confidence.
A military divorce follows the same basic legal principles as any civilian divorce in Texas, but there are additional federal and state laws that apply specifically to service members and their families. The Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) play significant roles in determining how certain benefits and rights are handled.
Military divorces also present unique challenges when determining:
Because these issues intersect both state and federal law, it’s essential to work with an attorney from WSM who understands how military service affects every stage of the divorce process.
In most divorces, where you live determines where you can file for divorce. But military life often means frequent relocations or deployments, which can make jurisdiction unclear.
Under Texas law, a divorce can generally be filed in the county where either spouse resides. For active-duty service members, “residency” may include the county where they’re stationed, even if they don’t intend to stay permanently.
For example, if your spouse is stationed at Joint Base San Antonio (JBSA) or Fort Sam Houston, Texas courts may have jurisdiction over your case, even if your spouse’s official residence is in another state. This flexibility helps ensure that military families can access the court system without unnecessary delay.
At WSM, we help our clients determine where it’s most advantageous to file their divorce, especially when property division laws vary between states.
One of the most significant financial issues in a military divorce involves dividing retirement benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property and divide it between spouses.
However, there are specific rules:
A military pension can be one of the most valuable assets in a divorce. Understanding how it’s calculated, when it vests, and how it interacts with other benefits (like the Thrift Savings Plan (TSP)) is critical to achieving a fair division.
Our attorneys at WSM carefully evaluate every financial detail to ensure that your contributions, both economic and non-economic, are recognized and protected.
Just as in civilian divorces, courts in Texas may order spousal maintenance or child support in military divorces. However, the calculation and enforcement can differ.
Military pay includes several components: base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and sometimes special pay. All of these factors can contribute to determining a fair support amount.
If a service member fails to make payments, the recipient spouse may have options through the military chain of command or through wage garnishment requested from DFAS.
Our team helps clients ensure support orders are both fair and enforceable, and we assist in navigating the administrative channels unique to military families.
Few issues are as sensitive as determining custody and visitation when one parent serves in the military. Deployments, training schedules, and reassignments can disrupt parenting routines, but Texas law provides specific protections for service members and their families.
For example:
If you’re the primary caregiver and your spouse is deployed, WSM can help you formalize custody arrangements that reflect your child’s best interests while maintaining stability during times of military service. We also help service members preserve their parental rights and ensure custody plans adapt to changing circumstances.
Another major consideration in a military divorce is eligibility for continued benefits. The 20/20/20 rule applies if:
If all three conditions are met, the former spouse may retain full access to military health care (TRICARE), as well as commissary and exchange privileges. If the overlap is between 15 and 20 years, the spouse may qualify for transitional health care for a limited period. Our attorneys help clients determine eligibility for continued benefits and assist in negotiating settlements that maintain access to essential coverage and support.
Military women face their own challenges in divorce. You may be the one serving while your spouse remains at home, or you may be balancing your duties as a service member with your responsibilities as a mother.
At WSM, we understand the unique pressures of serving your country while protecting your family. Our firm works exclusively with women, providing strong legal advocacy and emotional support to ensure the complexities of military law do not overshadow your rights.
We’re here to help you:
Whether you’re based in San Antonio or stationed elsewhere, we are committed to helping you achieve a secure future for yourself and your children.
If you’re facing a military divorce in San Antonio, don’t go through it alone. The laws that govern these cases are intricate, and the outcomes can shape your financial and personal future for years to come.
WSM is here to stand with you, protect your rights, and guide you toward a fair and secure resolution. To learn how we can help, contact us online or call (380) 203-2023 today for a free consultation.