Guadalupe County is home to many military families. Joint Base San Antonio-Randolph sits in Universal City, right next to Schertz and Cibolo, and plenty of active-duty members, reservists and retirees live in Seguin and the surrounding communities. When a military marriage ends, Texas divorce law applies, but a layer of federal law sits on top of it.
That federal layer affects where you can file, how fast the case can move, how retired pay is divided and what happens to health care and survivor benefits. Here are the main issues.
Where can you file? Residency for military families
Normally, one spouse must have lived in Texas for six months and in the county for 90 days before filing. Texas has special rules for military families:
- A Texas resident who is away on military service doesn't lose Texas residency. Time spent serving elsewhere generally counts as time living in Texas and in the county where they lived before.
- A service member or spouse who isn't a Texas resident but has been stationed at military installations in Texas for at least the last six months, and in a particular county for at least 90 days, can generally be treated as a resident for divorce purposes.
Military families also often have options in other states, such as the member's legal home of record. Where you file can affect how retirement and custody are handled, so think about it before filing. Which Texas county to file in can depend on where you live and where you're stationed.
The Servicemembers Civil Relief Act (SCRA)
The SCRA protects active-duty service members from having lawsuits move forward while their service prevents them from taking part. In a divorce, that means:
- Stays. A service member whose duties materially affect their ability to appear can ask the court to pause the case. The law provides for a stay of at least 90 days when the request meets the requirements, and additional stays may be possible.
- Default protection. Before a default judgment can be entered against anyone, the petitioner must file an affidavit about the respondent's military status. If the respondent is on active duty and hasn't appeared, the court may appoint an attorney to protect their interests. See our article on default divorce in Texas.
The SCRA is a shield, not a way to block a divorce forever. Many service members choose to participate, sign a waiver or reach an agreed decree, which can move the case along much faster.
Dividing military retirement
The Uniformed Services Former Spouses' Protection Act (USFSPA) allows states to treat military retired pay as property. Texas treats the part earned during the marriage as community property, to be divided in a just and right way like other community assets. Disability compensation from the VA is treated differently and generally can't be divided as property.
The 10/10 rule and direct payment from DFAS
The 10/10 rule is often misunderstood. It does not decide whether a former spouse can receive a share of military retirement. A Texas court can award a share even if the marriage was short.
What the 10/10 rule controls is how the former spouse gets paid. If the marriage lasted at least 10 years, overlapping with at least 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) can pay the former spouse's share directly. Without 10/10, the retiree must pay the former spouse personally, which makes enforcement harder.
Federal law also caps the share DFAS will pay as a property division at 50% of the member's disposable retired pay.
The frozen benefit rule
For divorces finalized after December 23, 2016, federal law limits the divisible retired pay to what the member would have received based on their pay and years of service at the time of the divorce, increased by later cost-of-living adjustments. Promotions and service after the divorce aren't shared.
To make this work, the decree needs specific information, such as the member's high-3 pay amount and years of service (or retirement points for Guard and Reserve members) as of the divorce date. Missing or wrong data can cause DFAS to reject the order, so the language must be drafted carefully.
VA disability waivers
If a retiree later gives up part of their retired pay to receive VA disability compensation, the amount available to divide can shrink, and federal law limits a state court's ability to make up the difference later. A former spouse should understand this risk when negotiating, and it's one reason some settlements trade a share of retirement for other assets.
The Survivor Benefit Plan (SBP)
Military retired pay stops when the retiree dies. The SBP lets a retiree provide a continuing annuity to a survivor, including a former spouse. If the decree awards former-spouse SBP coverage, the election must reach DFAS within one year of the divorce. The member can make the election, or the former spouse can submit a "deemed election" request with the decree. Miss the deadline and coverage can be lost permanently.
The decree should also say who pays the SBP premiums, which are deducted from retired pay.
TRICARE and the 20/20/20 rule
A former spouse may keep TRICARE health coverage in their own right if:
- The marriage lasted at least 20 years,
- The member has at least 20 years of creditable service, and
- At least 20 years of the marriage overlapped with that service.
The former spouse must also remain unmarried and not be covered by an employer-sponsored health plan. If the overlap is at least 15 years but less than 20 (the "20/20/15" situation), the former spouse may qualify for one year of transitional coverage. Those who don't qualify may be able to buy temporary continuation coverage, but there are short deadlines to enroll.
| Rule | What it affects |
|---|---|
| 10/10 | Whether DFAS pays the former spouse's retirement share directly |
| 20/20/20 | Former spouse's own TRICARE and certain base privileges |
| 20/20/15 | One year of transitional TRICARE |
| Frozen benefit | Divisible retired pay set at divorce-date rank and service |
Custody and deployment
Military parents face moves, deployments and unpredictable schedules. Texas custody law still focuses on the children's best interest, but the Family Code includes provisions specifically for military parents. Generally:
- When a parent is deployed, mobilized or sent on certain temporary duty, the court can enter temporary orders adjusting possession during the absence.
- A deploying parent with possession rights may be able to ask the court to let a designated person, such as a grandparent or new spouse, exercise some of that parent's time with the child while they're away.
- When the parent returns, the earlier order is generally restored, and the court may allow extra time to make up for time missed.
Parenting plans for military families should also cover PCS moves, video calls during deployment and travel logistics. Our articles on moving with children after a Texas divorce and the Standard Possession Order are good starting points.
Child support for service members is calculated under Texas guidelines. Texas generally counts more than base pay; many military allowances can be included in net resources.
Getting help
Attorney Jesus R. Lopez represents service members, military spouses and retirees in Seguin, Schertz, Cibolo and throughout Guadalupe County. He can help you sort out residency, retirement division and parenting plans that fit military life. See also our page for Schertz and Cibolo divorce clients. Free consultations are available by phone or in person, in English or Spanish.
Frequently asked questions
Do we have to be married 10 years for me to get part of the military retirement?
No. A Texas court can divide the community portion of military retirement regardless of how long the marriage lasted. The 10/10 rule only controls whether DFAS pays you directly.
Can a deployed service member stop the divorce?
They can ask for a stay under the SCRA if their duties materially affect their ability to appear. That pauses the case for a time; it doesn't prevent the divorce.
How long do I have to set up former-spouse SBP coverage?
The election or deemed election must reach DFAS within one year of the divorce. Don't wait.
Will I keep TRICARE after the divorce?
Only if you meet the 20/20/20 rule (or get transitional coverage under 20/20/15), stay unmarried and don't have employer-sponsored health coverage.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.