Converse, TX Divorce Law Firms & Lawyers

Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.

If you divorce before then, there will be no marriage to support an approval. If it is dangerous to wait, you may want to consider a separate petition under the Violence Against Women Act (VAWA).

Legally, his money is yours and yours is his. You don't say whether you're separated, but I suspect you are. If so the only way you're going to force him to share his retirement benefit is to sue and get a court order.