In Episode 13 of Cases & Cocktails, hosts Bryan and Janice Eggleston sit down with Jillian French, a board-certified family law attorney with over a decade of experience in military divorces. With a Buffalo Trace 75 in hand, they explore the unique challenges of divorcing a service member, including military retirement benefits, child custody during deployment, and the complexities of dividing military pay.
Why Military Divorces Are Different
Jillian, who started her career in Bell County, Texas, home to Fort Cavazos, explains that military divorces differ significantly from civilian divorces. Many family law attorneys lack the necessary experience in military pay structures, healthcare benefits, and child custody complications caused by frequent deployments.
Key Differences Between Military and Civilian Divorces
- Military Retirement & the “10/10 Rule” – Spouses may receive direct retirement payments from the Department of Defense if they were married for at least 10 years, overlapping 10 years of service. However, even if they don’t meet this rule, they may still be entitled to a portion of the retirement benefits—paid directly by the service member.
- BAH & BAS Allowances – Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS)are non-taxable military benefits that can significantly impact child support calculations.
- Healthcare & TRICARE Benefits – A former spouse may qualify for TRICARE if the marriage lasted 15 years, overlapping 15 years of service.
- Deployments & Custody Arrangements – Courts cannot penalize a service member for deployment, but custody orders must include provisions for virtual visits and make-up parenting time when they return.
The Importance of Getting It Right the First Time
One of the most critical takeaways from this episode is that mistakes in military divorce cases can be irreversible. Jillian warns that errors—such as improper language in court orders regarding military retirement division—can lead to severe financial consequences.
She also advises against listening to “barracks lawyers”—military friends who offer legal advice—and stresses the importance of consulting an experienced military divorce attorney.
When to Consult a Military Divorce Expert
Jillian emphasizes the importance of seeking expert legal counsel early, especially when:
- Military pay and benefits impact property division or child support.
- Retirement division negotiations need to comply with the Frozen Benefit Rule, which locks in retirement calculations at the time of divorce.
- Child custody schedules must account for deployments, frequent relocations, or active-duty assignments.
The Eggleston Law Firm: Military Divorce Expertise in Texas
Jillian brings over 11 years of military divorce expertise to The Eggleston Law Firm, meaning clients no longer need to outsource military-specific legal issues. The firm provides comprehensive representation to service members and military spouses in Austin, Fort Cavazos, and surrounding areas.
Final Thoughts
Military divorces are high-stakes legal cases that demand expertise in both Texas family law and military regulations. Whether you’re a service member or a military spouse, working with a knowledgeable legal team ensures your rights, benefits, and financial security are protected.
Tune In for More
Don’t miss this insightful episode! Be sure to like, share, and subscribe to Cases & Cocktails for expert discussions on family law in Texas—one case (and cocktail) at a time.
For more guidance on military divorces, visit our Family Law Services page or schedule a consultation with The Eggleston Law Firm today.
External Resource:
For more details on military divorce laws, visit the American Bar Association’s Military Divorce Guide.
