San Antonio, TX Division of Military Retirement in Divorce Lawyer

Attorney Addressing Division of Military Retirement in a San Antonio, TX Divorce

Divorce involving military service members presents unique challenges, particularly when dividing military retirement benefits. We provide trusted and knowledgeable legal representation to clients in San Antonio, Texas, ensuring that military retirement assets are divided fairly and in accordance with the law. Attorney Brandon Wong with over 15 years of legal experience understands the complexities of military divorces, including the impact deployments can have on a family. With 225+ 5-star reviews from across the web, we are recognized for our exceptional service and commitment to providing trusted guidance and representation for military families going through the divorce process.

Understanding Military Retirement Division in Divorce

Military retirement benefits are often one of the most valuable assets in a divorce involving a service member. In Texas, these benefits are subject to division as community property if they were earned during the marriage. However, several factors can affect how these benefits are calculated and divided:

The Uniformed Services Former Spouses' Protection Act (USFSPA)

The USFSPA allows state courts to treat military retirement pay as property rather than income, enabling it to be divided during divorce proceedings. It also establishes rules for enforcing the division of these benefits, including direct payments to a former spouse if the marriage and service overlap for at least 10 years (the "10/10 rule").

Community Property Rules in Texas

In Texas, only the portion of military retirement benefits earned during the marriage is subject to division. Benefits accrued before or after the marriage are considered separate property.

Deployment's Role in Retirement Division

Deployment can complicate the division of military retirement in several ways:

• Interrupted Service and Contributions: Deployments may affect the accumulation of retirement benefits, especially if they result in service breaks or changes to retirement eligibility.
• Impact on Disposable Retired Pay: Certain deployment-related pay, such as combat or hazard pay, is excluded from disposable retired pay and cannot be divided during divorce.
• Residency Requirements: Deployments may affect the legal jurisdiction for filing divorce cases or enforcing orders.

How Attorney Brandon Wong Advocates for Clients

Attorney Brandon Wong is familiar with the intricacies of military divorce and is mindful of the substantial emotional and financial challenges they present. He works closely with clients to identify and calculate the marital portion of military retirement benefits that qualify as community property. By ensuring compliance with the Uniformed Services Former Spouses' Protection Act (USFSPA) and applicable federal and state laws, he provides clarity and precision throughout the process.

Additionally, Attorney Wong carefully addresses deployment-related factors that may impact retirement benefits, such as service interruptions or jurisdictional issues. He advocates for equitable division through negotiation or litigation, always prioritizing his clients' long-term financial security. With clear guidance and dedicated support, Attorney Brandon Wong helps clients confidently navigate the complexities of dividing military retirement benefits in divorce.

Key Considerations for Military Retirement Division

• Survivor Benefit Plan (SBP): Decisions about SBP coverage for a former spouse must be addressed during divorce proceedings to ensure continued financial protection.
• Thrift Savings Plan (TSP): Contributions to a TSP are separate from retirement pay and may also require division.
• Concurrent Disability Pay (CRDP): Disability pay received in conjunction with retirement benefits is excluded from division as community property.
• Child and Spousal Support: Military retirement benefits may be factored into support calculations, further complicating the division process.

Contact Our San Antonio, Texas Divorce Attorney

Dividing military retirement benefits in divorce requires trusted knowledge and a strategic approach. We are here to help you through this complex process while protecting your rights and interests. Attorney Brandon Wong provides compassionate guidance and advocacy, ensuring that every decision reflects your long-term financial security. With a commitment to excellence and a proven track record, we are your trusted partner for military retirement division in divorce. Contact Brandon Wong & Associates at 210-201-3832 or online to schedule your consultation.