How long do I have to be married to my husband to receive military retirement pay? 2 Answers as of November 06, 2012

I'm a Texas resident I have been married two years. He cheated repeatedly and filed for a divorce. I am bipolar and require daily Medicine. And unable to work more than 20 hrs a week. What help can I get? I have lots of proff of adultery. He knew of my condition before marriage. Can I also get alimony or spousal support. He is a active duty military officer and has been in 9 yrs. I have been married to him for two of those years.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Anything is possible if there is an agreement. However if he hires a lawyer, the short answer is no, you will not get spousal support and alimony is unconstitutional in Texas. As for military retirement, you may be awarded a portion of this retirement that is to be determined but it will be minimal and the military benefits will cease.
Answer Applies to: Texas
Replied: 11/6/2012
Graves Law Firm
Graves Law Firm | Steve Graves
Technically, at two years you've been married to your military husband long enough under Texas law to be entitled to a small portion of his military retired pay. However, until you've been married to him for ten years, the military finance center will not pay you directly. After two years of marriage you will be entitled to an award of roughly 5% of his monthly disposable net 20-year retired pay at his current grade, if, as and when he actually retires and receives it. You will be entitled to no medical or other dependent benefits after the divorce. In Texas you are not likely to get more than temporary spousal support (while a divorce case is pending) because you've been married for too short a time. It may be in your financial interest to stay married as long as possible.
Answer Applies to: Texas
Replied: 10/29/2012
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