New Braunfels and the rest of Comal County are home to many families connected to Joint Base San Antonio, whether at Randolph, Lackland or Fort Sam Houston. Servicemembers often choose our area for its schools, the river and an easy commute along I-35 and Loop 1604. When a military marriage ends, the divorce follows Texas law for most issues, but federal law steps in on residency, delays, retirement pay, survivor benefits and health care. Our family law attorneys work with active-duty members, reservists, retirees and military spouses on both sides of these cases.
Where Can a Military Couple File?
Texas generally requires that one spouse has lived in Texas for six months and in the county for 90 days before filing. Military life complicates “residence,” so Texas has special rules:
- Time a Texas domiciliary spends outside the state on military service can generally count as Texas residence.
- A servicemember (or spouse) stationed in Texas for the required period may be treated as a Texas resident for divorce filing.
Because these rules have specific requirements, confirm eligibility before filing. If you live in New Braunfels, also check whether your home is in Comal County or Guadalupe County, since the city spans both. Our page on where to file for divorce explains the basics.
Jurisdiction over military retirement
Even if a Texas court can grant the divorce, it can divide military retired pay only if it has jurisdiction over the member under federal law: by the member’s residence in Texas (other than because of military assignment), domicile in Texas, or consent to the court’s jurisdiction. This is a separate question that must be checked early.
The Servicemembers Civil Relief Act
The SCRA protects active-duty members from having to defend a lawsuit when military duties prevent participation. In a divorce:
- A servicemember can request a stay (delay) of at least 90 days when duty materially affects the ability to appear.
- A default judgment cannot be entered against a servicemember without an affidavit addressing military status, and protections apply if the member did not appear.
- The member can waive these protections, which is common in cooperative divorces.
The SCRA delays a case; it does not stop a divorce indefinitely. Uncontested military divorces can proceed efficiently when both spouses cooperate. See uncontested divorce.
Dividing Military Retirement
Military retired pay earned during the marriage is community property in Texas. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide “disposable retired pay” and controls how it is paid.
Key rules
- 10/10 rule. DFAS pays the former spouse directly only if the marriage overlapped at least 10 years of creditable service. Without it, the court can still award a share, but the member must pay it.
- Frozen benefit rule. For divorces after late 2016, the divisible amount is generally based on the member’s rank (high-3 pay) and years of service at the date of divorce, plus later cost-of-living adjustments, not on later promotions.
- Precise order language. DFAS has strict requirements for the order, including how the share is expressed and the member’s service data.
- Reserve and Guard retirement is calculated using points, which requires different language.
- Thrift Savings Plan balances are divided through a separate order meeting TSP rules.
See retirement and QDROs for how other plans work.
VA disability and waivers
VA disability compensation is not divisible. If a retiree waives retired pay to receive disability pay, the former spouse’s share can shrink, and courts cannot order the veteran to make up the difference. Negotiated settlements sometimes address this risk through other property or contractual alimony.
Survivor Benefit Plan
If the member dies, military retired pay stops. The Survivor Benefit Plan (SBP) provides an annuity to a former spouse, but only if:
- The decree specifically requires former-spouse coverage, and
- An election is made with DFAS within strict deadlines, generally one year after the decree for a “deemed election.”
Missing this step can leave a former spouse with nothing. The cost of SBP premiums and who bears it should also be addressed.
Health Care and Other Benefits
- TRICARE (20/20/20). A former spouse with 20 years of marriage, 20 years of service and 20 years of overlap may keep full TRICARE until remarriage. A 20/20/15 overlap may qualify for one year of transitional coverage.
- Commissary and exchange privileges follow similar rules.
- Base housing. A spouse living in on-base housing usually must move out after separation or divorce, which affects timing and temporary orders.
- Continued Health Care Benefit Program coverage may be available for a limited time to those who do not qualify for TRICARE.
Support and Pay
Child support and spousal support use Texas rules, but military pay is more complex. Basic pay, BAH, BAS and special pays can all count toward net resources. Each branch also has regulations requiring members to support family members while separated, which may apply before a court order is in place.
Parenting Plans That Work With Military Life
Military parents need orders that anticipate deployment, TDY, PCS moves and unpredictable schedules. Good plans include:
- Provisions for deployment, including who exercises the deployed parent’s time and how possession resumes after return
- Video calls and electronic communication during absences
- Relocation procedures for PCS orders. See relocation.
- Long-distance schedules, such as extended summer time
Getting Started
Before your consultation, gather a recent Leave and Earning Statement, retirement points statement (for Guard and Reserve), TSP statements, your marriage certificate, and any deployment or PCS orders you have received. If you are the military spouse, ask your spouse’s unit legal office or the base legal assistance office for general information as well; they can explain benefits, though they generally cannot represent you in the divorce.
Talk With a New Braunfels Family Lawyer About Your Military Divorce
Military divorces reward careful planning, especially around retirement and survivor benefits. Whether you or your spouse serve at JBSA or you are a veteran in Comal County, New Braunfels Family Law offers a free consultation by phone, video or in person, which can be helpful if one spouse is stationed elsewhere. Call (830) 302-4071. Hablamos español.
Frequently Asked Questions
Can I file for divorce in Texas if my spouse is stationed overseas?
Often, yes, if you meet Texas residency requirements. Texas has special rules that can count military service toward residency. The servicemember must still be properly served or sign a waiver, and the Servicemembers Civil Relief Act may allow a delay.
What is the 10/10 rule?
The 10/10 rule requires at least 10 years of marriage overlapping at least 10 years of creditable military service for DFAS to pay a former spouse’s share of retired pay directly. It does not decide whether the retirement can be divided. Without 10/10, the court can still award a share, but the member pays it.
Can VA disability pay be divided in a Texas divorce?
No. Federal law prevents state courts from dividing VA disability compensation, and courts cannot order a veteran to reimburse a former spouse for a reduction caused by a disability waiver. Settlement terms should take this risk into account.
Will I keep TRICARE after a military divorce?
A former spouse may keep full TRICARE benefits under the 20/20/20 rule: 20 years of marriage, 20 years of creditable service, and 20 years of overlap. Shorter overlaps may qualify for transitional coverage, and remarriage ends eligibility.
How does deployment affect custody orders?
Texas law includes provisions for a parent’s military deployment, including temporary orders during deployment and the possibility of designating a relative or stepparent to exercise the deployed parent’s time. A good parenting plan addresses deployments in advance.
Last reviewed November 13, 2026. General information only, not legal advice.