If your spouse is designated as your life insurance beneficiary, and you later divorce, the Texas Family Code establishes that your now ex-spouse will not be treated as the beneficiary of your life insurance policy, unless one of three conditions exist:1
Your decree of divorce names the ex-spouse as the beneficiary...Military Divorce and Changes to VA Disability Compensation
Not all Servicemembers with that same VA disability rating receive exactly the same amount of VA Disability Compensation. For any given disability rating, the amount received varies based on whether the Servicemember has a spouse and dependent children (or a dependent parent).
In military divorce, a Servicemember receiving VA Disability Compensation must...
Reserve Component Survivor Benefit Plan Premiums (RCSBP) vs. Active Duty SBP Premiums
Active duty retirees are eligible for retired pay immediately upon retirement. When a Spouse or Former Spouse Survivor Benefit Plan (SBP) annuity has been elected or court-ordered, premiums are deducted from each month's retired pay. The standard premium for active duty retirees is 6.5% of the "base amount." The base amount is the...
Military Divorce – Former Spouse Survivor Benefit Plan (SBP) Time Lines
Since Former Spouse retired pay terminates on the death of the Servicemember, the Survivor Benefit Plan (SBP) is a purchased annuity that provides a monthly payment that either partially, meets or exceeds replacement of the Former Spouse's share of retired pay, depending on the amount of the Servicemember's retired pay insured. When...
Legislative Threat to Texas “No Fault” Divorce
In the current Texas Legislative session, House Bill 93 would repeal the "no-fault" divorce provision in the Texas Family Code (i.e. repeal the "insupportabiity" ground for divorce, which only requires testimony of one spouse that the legitimate aims of marriage have been destroyed and there is no reasonable chance of reconciliation). The Texas...
Retiree COLA for January 1, 2019
Most military retirees, Federal civil service retirees and recipients of VA disability compensation will receive a 2.8% cost of living adjustment (COLA) in their payments received on or about January 1, 2019 and throughout 2019. That is an improvement over the 2.0% COLA received in 2018 and the 0.3% COLA received in 2017.
Author Jim...
Divorcing a Military Member Who – After Being Served – Refuses to Participate
Is it possible to divorce a military member who has been served with "legal process" but has not filed an answer or otherwise entered an appearance in the case? Yes, but extra steps are required because of protections afforded the military member against a default judgment under the Servicemembers Civil Relief Act...
Separation Agreements in Texas
The Texas Family Code contains no provision for "legal separation." Nevertheless, it is possible for parties to contract for rights, duties and obligations contained in a separation agreement.
To be valid and enforceable, the separation agreement should be:
In writing;Signed by the spouses;Entered into without coercion, duress, or undue influence;Conform with the requirements for a Partition...Military Divorce: Can a State Court Award a Portion of G.I. Bill Benefits to the Ex-Spouse?
I'm often asked the question of whether a Court can order the Servicemember to transfer a portion of his or her G.I. Bill educational benefits to the soon-to-be ex-spouse during a military divorce. The answer is a clear, "no." Federal law prohibits a State Court from treating G.I. Bill educational benefits as marital...
The Difference Between a Divorce and an Annulment
What is the difference between a divorce and an annulment of a marriage? Divorce is based on a defect that provides "grounds" for divorce that emerges during the marriage. The most basic ground for divorce is "insupportability." Insupportability is Texas' version of "no-fault" divorce; it simply means the bonds of marriage have been...