Military families in Colleyville face the usual divorce questions about property, children, and money, and several more besides. Retirement pay, Survivor Benefit Plan coverage, healthcare, and deployment all affect what a good settlement looks like.

For many military families, a collaborative divorce is worth a look. It is private, it keeps decisions in your hands, and it lets you work through technical benefit issues in meetings instead of in a courtroom. This article covers the military-specific issues and where the collaborative process fits.

What Makes a Military Divorce Different

A military divorce is still governed by Texas law, but the case may involve:

• Military retired pay and the Survivor Benefit Plan (SBP)

• TRICARE and other benefits

• Deployment or temporary duty

• Federal protections for service members

• Residency and jurisdiction questions

• Enforcement of orders through military pay systems

Residency and the SCRA

Under Texas Family Code Section 6.304, a service member stationed in Texas for six months, and at an installation in the county for 90 days, may qualify as a Texas resident of that county for filing. Similar rules can apply to an accompanying spouse. Residency becomes harder to establish if you have lived in multiple states or one spouse has claimed a different domicile.

The Servicemembers Civil Relief Act can give an active-duty service member a stay of at least 90 days when military duties prevent participation in a civil case. It does not prevent divorce; it affects timing. In a litigated case, that can mean delay. A collaborative process is built around scheduled meetings that both spouses agree to, so couples may be able to plan around a deployment instead of waiting on court dates. Ask an attorney whether that approach fits your circumstances.

The Big Financial Issues

Retirement. Texas community-property law generally applies to the part of military retirement earned during the marriage. Under the USFSPA, a Texas court can treat disposable retired pay as property, but a former spouse is not automatically entitled to a share, and the order must meet federal requirements. Collaborative divorce is a good setting for this work because the spouses, attorneys, and any financial professionals can go through the numbers together.

The 10/10 rule. It governs whether a qualifying award can be paid directly through the military pay system, which requires 10 years of marriage overlapping 10 years of creditable service. It does not decide whether a shorter marriage has any claim.

The 20/20/20 rule. An unremarried former spouse may keep certain healthcare, commissary, and exchange benefits after 20 years of marriage, 20 years of service, and 20 years of overlap.

TRICARE. Former spouses who lose coverage may be able to buy temporary coverage through the Continued Health Care Benefit Program, so budget for healthcare in the settlement.

SBP. How SBP is handled depends partly on whether the divorce happens before or after retirement, and deadlines can matter. Your agreement should say who is covered and what steps follow the decree.

Disability pay. The USFSPA covers disposable retired pay. Certain disability-related compensation, including Combat-Related Special Compensation, cannot be divided under it. Total military pay is the wrong starting number.

Other assets, such as Thrift Savings Plan accounts, civilian retirement, real estate, and business interests, still follow Texas community-property rules. They are not automatically divided 50/50.

Parenting During Deployment

A parenting plan should say who cares for the children during deployment, how time resumes afterward, how the children stay in touch with the deployed parent, and how holidays, school, and transportation will work. In a collaborative case, parents build this plan together, often with a child specialist, and tailor it to the family's real schedule.

Why Collaborative Divorce Can Fit Military Families

• Privacy. Discussions stay out of public court records.

• Control. You and your spouse shape the outcome instead of leaving decisions to a judge.

• Flexibility. Meetings can be scheduled around duty obligations.

• Detailed agreements. The time goes into drafting precise retirement, SBP, and benefits language.

• Child focus. Parenting plans can anticipate deployment and return.

Collaborative divorce is not right for every case, particularly where there is a safety concern or one spouse will not negotiate in good faith. Mediation or collaborative divorce? compares the two approaches. If your case is contested, see our firm's divorce representation and mediation services.

If you are still planning a marriage, a prenuptial agreement can address military benefits in advance.

Documents to Gather

• Leave and Earnings Statements, service records, and retirement estimates

• TSP, civilian retirement, bank, and investment statements

• Tax returns, insurance information, and debt records

• Existing court orders or separation agreements

Frequently Asked Questions

Can a military couple use collaborative divorce in Texas?
Yes. Each spouse has their own attorney, and the agreement becomes binding once the court approves it.

Does a spouse automatically get half of military retirement?
No. A court must make a property award, and federal rules govern payment.

Can deployment delay a divorce?
In a contested case, the SCRA may allow a stay. Ask your attorney how deployment would affect your options.

Does collaborative divorce cover custody and support?
Yes, including parenting time and child support.

Talk With a Colleyville Collaborative Divorce Attorney

Kate Smith is a Board Certified Family Law attorney and Master Credentialed Collaborative Professional who serves families in Colleyville, Southlake, and North Texas. Book a consultation to talk through your options, or read our companion guide to military divorce in Southlake.