Quick Answer
Military divorce in Texas involves unique considerations under federal law. The Servicemembers Civil Relief Act (SCRA) can delay proceedings when a service member is deployed. Texas courts handle military divorce like civilian divorce for most issues, but federal rules govern military retirement division (the 10/10/10 rule for direct DFAS payments), BAH calculations in support, and jurisdiction when a service member is stationed out of state. Both state and federal law apply simultaneously.
Understanding military divorce in Texas is one of the most important steps in your divorce preparation. This guide covers what Texas law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
SCRA Protections
The Servicemembers Civil Relief Act (SCRA) provides important protections for active-duty service members in Texas divorce proceedings. A service member can request a stay (delay) of proceedings if military duties materially affect their ability to participate. This stay can be extended multiple times. The SCRA also caps interest rates on pre-service debts at 6% and provides protections against default judgments. Texas courts must appoint an attorney for any absent service member before entering a default judgment.
Section · 02
Military Retirement Division
Military retirement pay is divisible in Texas divorce proceedings under the Uniformed Services Former Spouses' Protection Act (USFSPA). To receive direct payments from the Defense Finance and Accounting Service (DFAS), the former spouse must meet the 10/10/10 rule: the marriage must have lasted at least 10 years, the service member must have at least 10 years of creditable military service, and those periods must overlap by at least 10 years. Even without meeting this threshold, the retirement can still be divided — payments simply must come from the service member rather than DFAS directly.
Section · 03
BAH and Support Calculations
Basic Allowance for Housing (BAH) is generally considered income for child support and alimony calculations in Texas. However, treatment can vary — some states include all military allowances (BAH, BAS, COLA) as income, while others treat them differently. Texas courts typically consider the total military compensation package, including base pay, allowances, and special duty pay, when calculating support obligations. The military also has its own support guidelines that service members must follow even before a court order is issued.
Section · 04
Jurisdiction and Filing
Filing location for military divorce can be complex. In Texas, a service member or their spouse can generally file in: the state where the service member is stationed, the state where the service member claims legal residence, or the state where the non-military spouse resides. This flexibility can be strategic — different states have different property division rules and support guidelines. Texas courts have jurisdiction if either spouse meets the state's residency requirements, regardless of where the service member is currently stationed.
Section · 05
Custody and Deployment
Deployment creates unique custody challenges. Texas courts generally cannot use deployment as the sole factor for modifying custody arrangements, though many states (including Texas) have specific provisions addressing military deployment and custody. Service members should have a Family Care Plan that designates a caregiver during deployment. Temporary custody modifications during deployment are common, but permanent changes solely based on military service are disfavored by most courts. Document your parenting involvement carefully — DIVORSAY's Custody Tracker can help maintain a clear record.
What Makes Texas Different
Texas uses a 'just and right' division for military retirement, meaning the court can award more or less than a proportional share. The state also considers military disability pay in the overall property division.
Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Texas. You deserve someone in your corner.