Austin Military Divorce Lawyer

SCRA, USFSPA, SBP and DFAS procedures handled for Fort Hood and Central Texas families

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

SCRA Protections for Active Duty Service Members in Texas

The Servicemembers Civil Relief Act (SCRA) provides critical protections during divorce. A deployed or active-duty service member can request a stay (delay) of divorce proceedings for at least 90 days — and potentially longer — to avoid the distraction of litigation during military service.

The SCRA prevents default judgments against service members who cannot appear in court. It caps interest on pre-service debts at 6%. And it protects against the enforcement of civil court orders that would be unjust during military service. Eric ensures these protections are properly invoked for military clients.

Military Retirement Division — The 10/10 Rule Explained

Military retirement pay is often the most valuable marital asset. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to divide military retired pay as community property. The amount divisible is typically the portion earned during the marriage.

The '10/10 Rule' is frequently misunderstood. If the marriage overlapped 10 or more years with 10 or more years of military service, the Defense Finance and Accounting Service (DFAS) will make direct payments to the former spouse. If the overlap is less than 10/10, the retirement is still divisible — but the service member pays the former spouse directly rather than through DFAS. The 10/10 rule affects the payment method, not whether retirement is divisible.

The 'time rule' formula calculates the community property portion: (months of marriage overlapping service ÷ total months of service at retirement) × 50% × disposable retired pay. Eric calculates this for every military divorce client to ensure accurate division.

Tricare and Military Benefits After Divorce

Tricare eligibility after divorce depends on the '20/20/20 Rule': 20 years of marriage, 20 years of military service, and 20 years of overlap = full Tricare coverage for the former spouse for life. The '20/20/15 Rule' provides transitional Tricare for 1 year when the overlap is 15-20 years. Former spouses who do not meet either threshold lose Tricare upon divorce.

BAH (Basic Allowance for Housing) is not automatically affected by divorce, but the service member's BAH rate may change based on dependent status. Commissary and exchange privileges follow Tricare eligibility. Understanding these benefits is critical during divorce negotiation.

Custody During Deployment Under Texas Law

Texas Family Code Section 156.105 prohibits courts from using military deployment as the sole basis for modifying custody. This protects service members from losing custody simply because their job requires them to deploy. However, deployment does affect the practical logistics of possession schedules.

Eric creates Military Family Care Plans that designate a temporary custodian during deployment, establish communication protocols (video calls, phone schedules), and include provisions for the service member to resume the original custody arrangement upon return. These plans are filed with the court to prevent the other parent from using the deployment period to establish a new status quo.

VA Disability and Military Divorce

VA disability compensation is NOT divisible as property in divorce — this is a critical distinction that many civilian attorneys get wrong. However, when a service member waives military retired pay to receive VA disability pay, it can reduce the former spouse's share of retirement. This 'disability offset' issue requires careful analysis.

VA home loan entitlement, GI Bill transfer eligibility, and Veterans Group Life Insurance (VGLI) conversion rights all have specific divorce implications. Eric addresses each of these in every military divorce case.

Fort Hood (Killeen) Military Divorce

Central Texas is home to Fort Hood (briefly designated Fort Cavazos from 2023 to 2025), one of the largest military installations in the world. Eric serves military families throughout the Fort Hood corridor, including Killeen, Harker Heights, Copperas Cove, Temple, and surrounding communities. Whether you're stationed at Fort Hood or your spouse is, Eric's experience with military-specific laws provides the focused representation these cases require.

Survivor Benefit Plan (SBP) Election in Military Divorce

The Survivor Benefit Plan provides a monthly annuity to a surviving spouse or former spouse upon the service member's death. The SBP election for a former spouse MUST be made within one year of the divorce. If this deadline is missed, the former spouse permanently loses eligibility for SBP coverage.

This is one of the most commonly missed deadlines in military divorce. The SBP benefit can be worth hundreds of thousands of dollars over a lifetime. Eric calendars every SBP deadline and ensures DFAS receives the election paperwork on time. If your divorce decree awards SBP but the election was never filed, contact an attorney immediately.

DFAS Requirements for Military Retirement Division

The Defense Finance and Accounting Service (DFAS) processes military retirement division orders but has strict requirements for the language used in divorce decrees. A decree that does not use DFAS-approved terminology will be rejected — delaying or preventing the former spouse from receiving their court-ordered share.

Common DFAS rejections include: using 'gross retired pay' instead of 'disposable retired pay'; failing to specify a fixed dollar amount or acceptable formula; not including the service member's full name, social security number, and branch of service; and using unclear language about cost-of-living adjustments. Eric drafts every military divorce decree using DFAS-approved language to ensure first-time acceptance.

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