By Joseph Lassen, San Antonio Divorce Attorney — Founder, The Law Firm of Joseph Lassen. Joseph Lassen has practiced family law for over 20 years and brings a law enforcement and prosecutorial background, including service as a 9/11 first responder with the NYPD, to complex divorce and custody cases.
San Antonio is home to one of the largest concentrations of military installations in the country — Joint Base San Antonio’s three sites at Fort Sam Houston, Lackland, and Randolph put tens of thousands of active-duty service members and their families inside a few miles of downtown. If you’re one of them and you’re facing a divorce, you already know this isn’t a standard case. Military divorce layers federal law on top of Texas family law, and getting the two wrong can cost a service member or a military spouse thousands of dollars in retirement pay, health coverage, or parenting time.
As an experienced San Antonio divorce lawyer with a law enforcement background and more than 20 years handling family law matters, Joseph Lassen and his legal team regularly guide JBSA-connected families through exactly these issues. Below is a plain-English breakdown of what makes military divorce different, and what you need to know before you file — whether your case also involves significant marital assets, child custody, or child support.
In This Guide
- Why Military Divorce Is Different
- How Military Retirement Is Divided
- The Survivor Benefit Plan (SBP)
- VA Disability Pay and the Disability Offset Problem
- Dividing the Thrift Savings Plan (TSP)
- TRICARE After Divorce
- BAH, BAS, and Child Support
- Life Insurance: SGLI/VGLI Beneficiaries
- Custody, Deployment, and PCS Moves
- Which State Has Custody Jurisdiction After a Move? (UCCJEA)
- Serving Papers on a Deployed Spouse
- The SCRA: Can a Divorce Be Paused?
- Where Military Families Can File in San Antonio
- Frequently Asked Questions
Why Military Divorce Is Different From a Standard Texas Divorce
A civilian divorce in Bexar County follows the Texas Family Code from start to finish. A military divorce still follows Texas law for most issues — but several pieces of it are governed, capped, or complicated by federal statutes that a general practice attorney may not deal with regularly:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA) controls how military retired pay can be divided.
- The Servicemembers Civil Relief Act (SCRA) can pause a divorce case while a service member is on active duty.
- DFAS (Defense Finance and Accounting Service) — not the service member — may be the entity actually writing the check to a former spouse.
- TRICARE, the Survivor Benefit Plan, the Thrift Savings Plan, and BAH/BAS all have their own rules for what happens after divorce.
- VA disability compensation is governed by a completely separate body of federal law that can undercut a retirement-pay award years after the divorce is final.
Getting any one of these wrong in a settlement or decree can mean a former spouse never receives the share of retirement pay the court intended, or a service member ends up covering support obligations that don’t correctly account for military-specific pay.
How Is Military Retirement Divided in a Texas Divorce?
This is the single most common question our San Antonio divorce attorney team hears from military families, and it’s also the most misunderstood area of military divorce.
USFSPA is a permission statute, not a formula. The federal Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) doesn’t automatically divide anyone’s retirement. It simply confirms that state courts are allowed to treat disposable military retired pay as marital property. From there, Texas’s community property rules take over — meaning the portion of a military pension earned during the marriage is generally treated the same way a civilian pension or 401(k) would be, similar to how other retirement assets are handled in a high-asset divorce.
The 10/10 rule only controls how the money gets paid — not whether a spouse is entitled to it. This is the part people misunderstand most. If the marriage overlapped with at least 10 years of the service member’s creditable military service, the former spouse can receive their share paid directly from DFAS every month, without relying on the service member to forward it. If the marriage was shorter than that 10-year overlap, the former spouse is still entitled to their community-property share under Texas law — it just has to be paid directly by the service member rather than through DFAS.
There’s a cap on direct DFAS payments. Federal law limits direct payments from DFAS to no more than 50% of disposable retired pay in most cases (up to 65% when child support or alimony withholding is also involved).
The “frozen benefit rule” changed how pensions are valued. For divorces finalized after the 2017 NDAA changes took effect, courts generally value and divide the pension based on the member’s rank and years of service at the time of the divorce — not projected retirement pay years down the road. This is a technical distinction, but it significantly affects the dollar amount a former spouse ultimately receives, and it needs to be drafted correctly in the decree and the accompanying military pension division order.
The Survivor Benefit Plan (SBP): Don't Skip This Step
If a former spouse is entitled to a share of retirement pay, that entitlement generally ends when the retired service member dies — unless the decree specifically addresses the Survivor Benefit Plan (SBP). SBP is essentially survivor’s insurance on military retired pay, and electing (or declining) former-spouse SBP coverage has to be handled correctly and on time — there is a one-year deadline from the divorce date to submit a “deemed election” request through DFAS — or the option can be permanently lost. This is one of the most common — and most costly — mistakes we see in do-it-yourself military divorces.
VA Disability Pay and the "Disability Offset" Problem
This is one of the most financially significant — and least understood — issues in military divorce, and it deserves its own explanation, particularly in high-asset divorce cases where a large share of the marital estate is tied up in retirement pay.
Federal law does not treat VA disability compensation as divisible marital property, and a veteran is legally entitled to waive part of their taxable retirement pay in order to receive tax-free VA disability compensation instead. When that happens, the “disposable retired pay” that’s actually available to divide gets smaller — sometimes years after the divorce is already final.
In the 2017 case Howell v. Howell, 581 U.S. 232 (2017), the U.S. Supreme Court ruled unanimously that a state court cannot order a veteran to reimburse or “indemnify” a former spouse for the reduction in their share caused by a post-divorce disability waiver. In plain terms: if a retiree later gets a disability rating and elects VA compensation, the former spouse’s monthly share of retirement pay can shrink, and a court generally cannot force the veteran to make up the difference out of pocket — even if the original decree awarded a specific dollar amount or percentage.
This doesn’t mean a military spouse is left with no options. An experienced divorce attorney can:
- Negotiate contractual provisions or alternative compensation (such as a larger share of other marital property) that account for this risk up front, since Howell limits what a court can order after the fact but does not prevent spouses from addressing the risk contractually in the property settlement itself.
- Address how the offset affects spousal support calculations, since the underlying reduction in income can still be a relevant factor for maintenance even when it can’t be recovered from the retirement share directly.
- Explain Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC) — two federal programs that, in certain circumstances, restore some or all of the waived retirement pay for qualifying disabled retirees. Whether a retiree qualifies for CRDP or CRSC can materially change this analysis and should be reviewed case by case.
Because this issue can surface years after the divorce is final, it needs to be planned for at the negotiation stage — not discovered after the fact.
Dividing the Thrift Savings Plan (TSP)
The Thrift Savings Plan is the military’s version of a 401(k), and it is a completely separate account from military retired pay — it doesn’t get divided by the same paperwork that divides the pension, and it’s a step that’s frequently missed entirely in self-prepared divorces.
To divide a TSP account, the decree needs to be accompanied by a Retirement Benefits Court Order (RBCO) submitted directly to the Thrift Savings Plan administrator — this is TSP’s equivalent of a QDRO used for civilian 401(k) plans, but it has its own specific formatting and content requirements. An order that isn’t drafted to TSP’s specifications can be rejected, which can delay or completely derail a former spouse’s share of these funds. If a service member has a TSP balance, it should be identified and addressed as its own line item in the property division — not assumed to be covered by the retirement pay order.
What Happens to TRICARE After a Military Divorce?
A former spouse’s eligibility for TRICARE depends heavily on the “20/20/20 rule”: if the marriage lasted at least 20 years, overlapped with at least 20 years of creditable military service, and overlapped by at least 20 years, the former spouse may retain full TRICARE eligibility. Spouses who fall short of that — commonly referred to as “20/20/15” situations — may qualify for limited transitional coverage. Spouses who don’t meet either threshold typically lose TRICARE eligibility on the date the divorce is final and need to plan for alternative health coverage (including COBRA-style continued coverage options) well before the decree is signed.
How Does BAH Affect Child Support and Alimony in Texas?
Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are not taxed the way base pay is, but Texas courts routinely include them when calculating a service member’s net resources for child support purposes, because they represent real, usable income. The same is true for most special and incentive pays that are consistently received. This matters because a service member’s take-home base pay alone often understates their actual income — and getting this calculation wrong in either direction can mean a support order that’s unenforceable or unfair from day one.
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go wrong — and they’re also where the right legal strategy protects the most money. Contact The Law Firm of Joseph Lassen for a free consultation with a military divorce lawyer before you sign anything.
Life Insurance: Don't Forget SGLI/VGLI Beneficiaries
Unlike some civilian life insurance and retirement accounts, a divorce does not automatically remove a former spouse as the beneficiary on Servicemembers’ Group Life Insurance (SGLI) or Veterans’ Group Life Insurance (VGLI). If a service member wants to change their beneficiary after divorce, that has to be done affirmatively through the SGLI Online Enrollment System (SOES) or a paper form — it’s a five-minute task that’s easy to overlook in the middle of a divorce and can have significant consequences if it’s never done.
Custody, Visitation, and Deployment: Protecting the Parent-Child Relationship
Texas law includes specific protections for military parents so that deployment orders don’t become a backdoor way to lose custody or parenting time. A few things every military parent going through a San Antonio divorce or custody case should understand:
- Temporary custody modifications during deployment are meant to be temporary. A court can approve a temporary change in the standard possession schedule to accommodate a deployment, but Texas law generally requires that arrangement to revert once the deployment ends — it isn’t supposed to become the new permanent order by default.
- A parenting plan should build in deployment contingencies from the start, including who exercises the deployed parent’s time, and how video calls, care packages, and communication are protected during the deployment window.
- PCS orders and out-of-state moves raise their own custody questions, especially when one parent is being reassigned outside Texas. These cases often require careful drafting around geographic restrictions and modification triggers.
Which State Has Custody Jurisdiction After a PCS Move? (UCCJEA)
Military families relocate more than almost any other group, and that raises a question civilian families rarely have to think about: once a custody order exists, which state’s courts actually have authority to change it later?
Texas, like every other state, follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, the state that issued the original custody order generally keeps “continuing, exclusive jurisdiction” over that order — even after a parent and child move — as long as the child or at least one parent still has a significant connection to that state. This means that a PCS move to a new duty station doesn’t automatically transfer custody jurisdiction to the new state, and trying to file a modification in the wrong state can result in delay or dismissal. If your family has moved since your original custody order was entered — or is about to — this should be confirmed before filing anything new.
How Do You Serve Divorce Papers on a Deployed Spouse?
This is one of the most common practical questions we hear, and it doesn’t have a one-size-fits-all answer. A spouse who is deployed or stationed overseas still has to be formally served with the divorce petition, but the standard in-person process obviously isn’t always possible. Depending on the circumstances, options can include service through the military’s designated agent process, service by alternative means approved by the court, or coordinating around a known return date. An attorney familiar with military cases can help identify the right method so the case isn’t delayed or vulnerable to a later challenge over improper service.
The Servicemembers Civil Relief Act (SCRA): Can a Divorce Be Paused?
The SCRA allows an active-duty service member to request a stay (a pause) of civil proceedings, including divorce, if military duties materially affect their ability to participate — for example, a deployment that makes it impossible to respond to a petition or attend a hearing. This protection exists to prevent a service member from losing a case by default simply because they were serving. It isn’t automatic and isn’t unlimited, but it’s an important tool that needs to be understood by both sides early in the case.
Where Can Military Families File for Divorce in San Antonio?
Texas’s standard residency rule requires six months of state residency and 90 days in the filing county. But Texas Family Code Chapter 6 includes specific provisions for military families, recognizing that service members move on orders, not by choice:
- Time a Texas-domiciled service member spends stationed outside the state generally still counts toward Texas residency, so a PCS move doesn’t reset the clock.
- A service member who has been stationed at a Texas installation — including the JBSA sites in and around San Antonio — for a qualifying period may be able to file in Texas even if Texas wasn’t their home of record.
- Spouses who remain in the San Antonio area when their service member is reassigned elsewhere may still be able to file locally.
Because these rules can be fact-specific, confirming jurisdiction correctly at the outset avoids delays and venue challenges later in the case. Whether you’re filing a straightforward petition or one that also involves child custody and support questions, our general divorce FAQ covers the basics that apply to every Texas divorce, military or not.
Frequently Asked Questions
Do I have to be married 10 years to get a share of my spouse's military retirement?
No. This is one of the most persistent myths in military divorce. The 10-year overlap (the “10/10 rule”) only determines whether DFAS will pay a former spouse’s share directly. A shorter marriage doesn’t eliminate a Texas spouse’s community-property interest in the retirement earned during the marriage — it just changes who is responsible for making the payment.
Can my ex reduce my share of retirement pay by switching to VA disability?
It’s possible, and it’s one of the most important risks to plan for in a military divorce. Under Howell v. Howell, a court generally cannot force a veteran to reimburse a former spouse for a reduction caused by a post-divorce disability waiver, which is why this risk should be addressed in the settlement negotiations themselves, not left to be dealt with after the fact.
Is my spouse's TSP account divided automatically along with their pension?
No. The Thrift Savings Plan is a separate account and requires its own Retirement Benefits Court Order (RBCO) submitted to the TSP administrator. It needs to be identified and addressed specifically in the divorce.
Does my ex-spouse automatically keep TRICARE after our divorce?
Only if the marriage meets the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap) for full eligibility, or a reduced 20/20/15 threshold for limited transitional coverage. Otherwise, TRICARE eligibility for the former spouse typically ends when the divorce is finalized.
Can my spouse's deployment stop our divorce from moving forward?
The SCRA allows a service member to request a stay of proceedings if deployment or military duty prevents meaningful participation in the case, but it isn’t an automatic or indefinite pause — it depends on the specific circumstances.
Is BAH counted as income for child support in Texas?
Generally yes. Texas courts typically include BAH, BAS, and consistently received special pays as part of a service member’s net resources when calculating child support.
If we move to a new duty station, does the new state take over our custody case?
Not automatically. Under the UCCJEA, the state that issued the original custody order typically retains jurisdiction as long as the child or a parent still has a significant connection there. A PCS move doesn’t by itself shift authority to the new state.
Can I file for divorce in San Antonio if my spouse is stationed here but we're not originally from Texas?
Often, yes. Texas Family Code Chapter 6 contains specific provisions allowing service members stationed in Texas — including at JBSA — and their spouses to establish residency for divorce filing purposes, even when Texas wasn’t their home of record.
Talk to a San Antonio Divorce Attorney Who Understands Military Families
Military divorce sits at the intersection of federal statutes, DFAS and TSP procedure, VA benefits law, and Texas family law — and small drafting errors in a decree or division order can quietly cost a family thousands of dollars or an entitlement that can never be recovered. If you or your spouse are stationed at Fort Sam Houston, Lackland, or Randolph, or connected to San Antonio through military service, contact The Law Firm of Joseph Lassen for a free consultation with a San Antonio divorce lawyer who understands both sides of this process.