Legal Question in Family Law in Texas

Re: Military Retirement Pension

If you are referring to your husband's retirement annuity, it is unlikely that you would have a claim to any of it in the event you become divorced.

The reason for this is because it appears, from the facts you have stated, that the entirety of his years of service in the military occurred before the marriage. Therefore, the retirement was earned before you were married and therefore is considered separate property.

There are other military retirement benefits, however. If your husband purchased a survivor annuity during the marriage, even if it was to be paid from retirement pay, the annuity is considered community property and you would be due some portion of it.

If you are referring to a Thrift Savings Plan purchased by your husband, it is also unlikely that you could claim any portion of it, assuming that all contributions to it were made before you were married.