How Does Military Divorce Work in Texas?

 Posted on June 15, 2026 in Divorce

If you or your spouse serves in the military, your Texas divorce will mostly work like any other divorce. However, a few extra rules, such as deployment schedules, federal protections, and special rules for retirement pay, can affect your case. If you plan to file for divorce in 2026 and a service member is involved, a Collin County, TX family law attorney can help you navigate a military divorce.

Where Can a Military Family File for Divorce in Texas?

To file for divorce in Texas, one spouse must live in the state for six months and in the filing county for 90 days before filing. This rule can be hard for military families to meet. Military orders often move service members and their spouses in and out of Texas for months or years at a time.

According to the Office of the Texas Governor, the state is home to more than 1.7 million veterans, active duty members, reserve members, and their families. Texas also has 15 major military installations. With so many military families living in or connected to Texas, this residency question comes up often in local courts.

Texas Family Code Section 6.303 offers a solution. Under this law, time spent away from Texas due to military orders still counts toward residency. This also applies to a spouse who moves with the service member. Because of this rule, most military families can still meet the residency requirements, even if their orders sent them out of state.

What Happens if a Spouse Gets Deployed During a Texas Divorce?

Deployment does not stop a divorce case, but it can pause parts of it. The Servicemembers Civil Relief Act is a federal law. It protects service members who cannot take part in court because of their duties. If a deployed spouse cannot attend a hearing or respond to paperwork, the court may grant a stay.

A stay delays those steps until the service member can take part. This rule makes sure military duty does not cause someone to lose their rights by default. In some situations, federal law requires the court to delay the case for at least 90 days.

How Does Deployment Affect Custody and Visitation Orders in Texas?

A divorce involving children will also set custody and visitation terms, and deployment can affect those terms either during the case or after it is final. Deployment alone cannot permanently change a custody order. Under Subchapter L of Texas Family Code Chapter 153, a parent called to deployment, mobilization, or temporary duty may request a temporary order instead.

This order can name another person, often a relative, to handle visitation or daily care while the parent is gone. Once the parent returns, the original custody terms usually resume. This system helps military parents protect their rights without losing their place in their child's life.

How Is Military Retirement Pay Divided in a Texas Divorce?

Texas treats most property gained during a marriage as community property. This includes military retirement pay. Under the Uniformed Services Former Spouses' Protection Act, a Texas court can give part of a service member's retirement pay to the other spouse, but this calculation only includes the portion earned during the marriage. Whether payments come directly from the military depends on three factors:

• The marriage lasted at least 10 years.
• The service member served at least 10 years.
• These two periods overlapped by at least 10 years.

If all three are true, the former spouse can usually get their share directly from the Defense Finance and Accounting Service. If not, the service member must pay the former spouse's share of the retirement benefits directly out of pocket.

What Happens to the Survivor Benefit Plan After a Military Divorce in Texas?

A military divorce decree should address what happens to a former spouse's share of retirement pay if the service member dies first. Without further action, a former spouse loses that income right away, even if the decree awarded a share of it. The Survivor Benefit Plan, or SBP, can prevent this problem by continuing part of those payments to a former spouse for life.

To get former-spouse SBP coverage, the divorce decree must award this benefit by name, and the former spouse must then file a deemed election request with the Defense Finance and Accounting Service within one year of the divorce date. Missing this deadline can result in the loss of the right to SBP coverage.

Because SBP premiums reduce the service member's retirement pay, this cost is often weighed during settlement talks, so anyone going through a military divorce should ask their attorney to address SBP directly in the decree.

Schedule a Consultation With a Collin County, TX Military Divorce Attorney

If your marriage involves a service member and you are thinking about divorce, Moore Family Law, P.C. can help. We can help you navigate residency rules, custody concerns, and questions about retirement pay. Our Frisco, TX family law lawyer can review your case and walk you through each step. Call 214-764-8033 today to set up a consultation.