Hye, TX Divorce Law Firms & Lawyers

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.

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.

The good news is that the marriage is not over until the judge signs a final decree of divorce. So you will make it to ten years.  There's a minimum waiting period after filing a divorce of sixty days after the filing date. Plus you are going to be entitled to your share of the property whether or not you have been married ten years.  If you are asking about military retirement benefits you are entitled to a share after even a short marriage. The ten years gets you the advantage of being paid your portion of husband's retirement directly from DFAS. The ten year mark is also relevant in eligibility for spousal maintenance after the divorce. I recommend you check with the district clerk in your county to see if a divorce has been filed. Yes he needs to have you served or ask you to sign a waiver, but people are sneaky sometimes.