Kingsville, 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.

Most divorce courts in Texas have issued standing orders that prohibit a spouse from cancelling insurance policies during the pendency of the divorce case.  If the court in which your divorce is pending has done so, you may be able to file a motion for contempt or a motion to enforce the standing orders.  With a motion for contempt, your wife can be fined or jailed for violating the court order.  With a motion to enforce, you may be able to persuade the court to give you from your community property a sum of money equal to the value of your truck when it was stolen to allow you to replace the truck.  I would argue that should be awarded to you before any other division of your community property as part of a just and right division because, but for your wife cancelling the policy, there would have been insurance proceeds to help you replace the stolen truck.

If the original divorce decree stated that you were entitled to half of the retirement unless you remarried. And you remarried for a period of 2 1/2 years then it would seem under basic contract law that you are no longer entitled to half the retirement.