Legal Question in Family Law in Texas

Your spouse will be entitled to just and right portion of your military retirement. It sounds like at least a small portion of it (maybe 1/10) was earned prior to marriage, so you might argue that only 90% of your retirement is subject to division. (There are counterarguments to this, but are best left to a face to face consultation with an attorney in your area who can review all your facts.)

Federal law considers military retirement pay as marital property but states don't handle it the same way. Texas treats it as community property divisible upon divorce. However, a state court order is not enough to secure your soon-to-be-ex's rights.

If your spouse remarries before your he/she turns 55, he or she will lose the benefits. However, benefits may be restored if his or her new marriage ends in death or divorce.

According to federal law, divorce spouses are not entitled to the service member's DISABILITY pay.

If you have been married at least 10 years and the you have the required amount of creditable service (which it sounds like you do), the former spouse may be entitled to receive retirement pay directly from the Defense and Accounting Service office (www.dfas.mil)

If you were married for 20 years or more (which it sounds like you will have been) then he or she is eligible for medical coverage. Your dependent children will continue to receive coverage.