Victoria, TX Divorce Law Firms & Lawyers

As long as you're married to her you're under a mutual duty of support. Presumably you're drawing BAH at the married/with dependent rate, so the bare minimum the Air Force expects you to send her is the difference between the married/with dependent rate and the single rate. If your marital status is getting you more money than you're sending her, relax and bank the profit, and don't rock the boat too hard an argument could be made that you should be sending her the whole BAH since presumably you don't have any housing expense of your own while deployed. On the other hand, if she's actually costing you more money than she's gaining you, or for other reasons you're eager to get a divorce or annulment, you don't have to be on the ground in Texas to file and get the 60-day clock turning.

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.

From what you describe, no, you'e not entitled to his income because you two never held yourselves out as being married, which is required to be common law married in Texas.