Many assets divided in a Texas divorce are distributed during or soon after the divorce, but some assets, such as retirement benefits, may not be distributed for many years. Issues involving retirement benefits may continue or arise several years after the divorce is final. A Texas appeals court recently decided…
Articles Posted in Military
Military Disability Cannot Be Divided by Texas Divorce Court
Under federal law, a court may not treat military disability benefits as community property for purposes of property distribution in a Texas divorce case. A husband recently challenged the property distribution in his divorce decree, arguing the court had improperly divided a portion of his military disability benefits. Trial Court…
Wife Entitled to Share of Husband’s Military Retirement in Texas Divorce
Retirement benefits can be a complex and contentious issue in a Texas divorce case. Generally, any income earned during marriage is considered community property unless proven to be separate property, including funds contributed to a retirement account or earned as pension benefits. In a recent case, a husband challenged a…
Texas Court Finds No Common Law Marriage Existed Despite Representations the Parties Were Married
Texas, unlike many states, still recognizes common law marriage (also known as an “informal” marriage). Unlike with formal marriages, a common law spouse often has to prove that the marriage even existed before getting a divorce. A party may prove that an informal marriage exists by showing that the parties…
Special Provisions for Active Military Members under the Texas Family Code
Are you currently serving in the military or know someone who is? Texas is home to one of the largest populations of active military members in the nation. As such, the Texas Family Code has specific statutes that address the unique issues facing our military members in the family law…