Military retirement is considered to be community property in the state of Texas under certain circumstances. According to attorney Sharita Blacknall, military retirement is considered community property in Texas if the couple has been married for at least 10 years and the service person has at least 10 years of creditable military service.
It’s important to note that community property is a legal term that refers to property or assets that are owned jointly by a married couple. In Texas, community property is divided equitably between the spouses upon divorce or legal separation. This means that if military retirement is considered community property in a divorce case, it will be divided equitably between the spouses, which means that the division is based on what is fair and reasonable given the circumstances of the case..
It’s also worth noting that not all states follow the same rules regarding the division of military retirement in divorce cases. Some states consider military retirement to be separate property, which means that it is not divided equally or equitably between the spouses upon divorce. If you are a military service member or a spouse of a military service member and you are considering divorce, it’s important to consult with an attorney who is familiar with the laws in your state.
If you have any questions about military retirement and divorce in Texas, or if you need assistance with a divorce or child custody matter, it’s always a good idea to seek the advice of a qualified attorney. The Blacknall Firm is available to help Dallas area families with divorce and child custody matters, and can provide you with the legal guidance and support you need during this difficult time.