As Veterans Day approaches on November 11, The Law Firm of Joseph Lassen, a San Antonio military divorce attorney and family law firm, is explaining how military retirement pay, VA disability compensation, and related benefits are treated when a service member's marriage ends. In a city that is home to Joint Base San Antonio, these questions affect many local families, and the answers come from both federal and Texas law.
Can Military Retirement Pay Be Divided in a Texas Divorce?
Yes. Under the Uniformed Services Former Spouses' Protection Act, a court may treat a service member's disposable retired pay as property according to the law of the state where the case is heard. Texas is a community property state, and courts divide marital property in a manner that is just and right, which does not always mean an equal split.
Federal law also caps the amount. The total disposable retired pay payable under all court orders may not exceed 50 percent, according to 10 U.S.C. § 1408. An experienced military divorce lawyer can explain how that limit, the length of the marriage, and the length of service affect a family's situation.
What Is the 10/10 Rule for Direct Payment?
The government will pay a former spouse's share of retired pay directly only when the marriage lasted at least 10 years during which the service member performed at least 10 years of creditable military service. This is commonly called the 10/10 rule. If a couple falls short, a court may still award a share of the pay, but the rule affects how the payment is made, so the order should be written with that in mind.
Is VA Disability Pay Divisible in a Divorce?
Generally, no. Some retirees give up part of their military retirement pay to receive VA disability compensation instead. Federal law doesn’t count that portion as retirement pay that can be divided in a divorce. The U.S. Supreme Court confirmed this in Howell v. Howell in 2017. In that case, a former spouse was awarded part of the veteran’s retirement pay, and the veteran later gave up some of it for VA disability pay. The Court held that a state court cannot order the veteran to make up the lost amount to the former spouse, no matter what the order is called.
That makes the wording of a settlement or decree especially important. Families who plan for a possible waiver before the divorce is final are less likely to face a surprise later.
What About the Survivor Benefit Plan and TRICARE?
The Survivor Benefit Plan can provide a former spouse with continuing income after a retiree's death, but it does not happen automatically. A former spouse generally must request coverage within one year of the date of the court order, so the deadline should be calendared at the time of divorce.
Health coverage is also at stake. According to TRICARE, a former spouse may keep TRICARE benefits when the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage and service overlapped by at least 20 years. A former spouse loses TRICARE benefits after remarrying or enrolling in an employer-sponsored health plan and must apply for the Continued Health Care Benefit Program within 60 days of the divorce. A San Antonio divorce lawyer can help families understand which rules apply to them.
What Should Military Families Do Before Filing?
“Military retirement is often one of the largest assets a family has, and the rules for dividing it are not only Texas rules,” said Joseph Lassen, founder of The Law Firm of Joseph Lassen. “Families who learn the rules before the divorce is final avoid costly surprises.”
Service members and spouses should gather their retirement and pay records, the marriage date, and the service dates, and speak with a family law attorney before signing any agreement.
About The Law Firm of Joseph Lassen
The Law Firm of Joseph Lassen is a San Antonio-based family law practice owned and led by attorney Joseph Lassen, who has practiced law for more than 20 years, beginning his legal career in New York before establishing his firm in San Antonio, Texas. Before becoming an attorney, Joseph Lassen served with the NYPD as a 9/11 first responder and later worked as a prosecutor, an experience he says gives him a distinct, front-line understanding of how the legal system operates from every angle.
As a trusted San Antonio family law attorney, Joseph Lassen and his legal team handle a full range of family law matters, including divorce, high-asset divorce, military divorce, child custody, child support, alimony, and property division. The firm is known for combining aggressive courtroom advocacy with individualized attention, helping clients throughout San Antonio and surrounding communities — including Alamo Heights, Alamo Ranch, Stone Oak, Helotes, Boerne, Bulverde, New Braunfels, Schertz, Selma, and Castle Hills — navigate divorce and family law matters with clarity and confidence.