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Cedar Park, TX Military Divorce Lawyer

For most military families, the pension is the single most valuable asset in the marriage — and dividing it means learning a set of federal rules Texas courts do not write. In Cedar Park, SMB Law, PC handles military retirement division from both sides.

American flag โ€” military divorce in Cedar Park, Texas

Cedar Park is home to many career servicemembers and retirees, for whom decades of service have built a military pension that dwarfs the equity in the house.

Where a Cedar Park military divorce is filed

Cedar Park sits mostly in Williamson County, so a divorce is generally filed with the Williamson County District Clerk in Georgetown. Because the city also touches Travis County, we confirm the correct venue for your address.

Servicemember and family in Cedar Park โ€” SMB Law, PC

Dividing a military pension under the USFSPA

A military pension earned during the marriage is community property a Texas court can divide, but a federal law — the Uniformed Services Former Spouses’ Protection Act (USFSPA) — controls how it is paid. The most important rule for many families is the 10/10 rule: if the marriage overlapped at least ten years of creditable service, the former spouse’s share can be paid directly by the Defense Finance and Accounting Service (DFAS), rather than relying on the servicemember to write a check each month. A separate change in federal law, the frozen benefit rule, generally fixes the divisible amount based on the member’s rank and years of service at the time of divorce, not at retirement. These rules make the drafting technical: a decree that ignores them can leave a Cedar Park former spouse with an order DFAS will not honor. We draft the division so it is both fair and enforceable.

Disability pay and the pension

One trap catches many Cedar Park military families by surprise: not all retired pay can be divided. When a retiree waives part of their pension to receive VA disability compensation, that disability pay is generally off-limits in a divorce, and the U.S. Supreme Court has held that a former spouse’s share cannot be made up from it. A decree that assumes the full retirement will always be available can therefore fall short if the member later takes a disability waiver. We plan for that risk on both sides — drafting language and, where appropriate, offsetting or indemnification provisions so a former spouse’s agreed share is protected as much as the law allows, while making sure a servicemember’s genuine disability benefits are respected. Because these federal rules interact in ways state courts do not always spell out, getting the pension language right is one of the most valuable parts of a military divorce.

Working with us from Cedar Park

We are about 18 miles southeast in downtown Austin, a 25-to-30-minute drive on US-183. We handle most Cedar Park military divorce matters by phone, video, and e-signature.

At SMB Law, PC you work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. We explain things in plain English, give you a plan instead of more stress, and keep you informed from your first confidential consultation through final resolution.

Why clients choose SMB Law, PC

  • Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
  • Honest advice — if a fight is not worth the cost, we say so.
  • Transparent fees explained before you commit.

What working with us looks like

  1. Confidential consultation to understand your goals and the law that applies.
  2. Strategy and records tailored to your situation.
  3. Negotiation or court — we settle when we can and litigate when we must.
  4. Resolution implemented correctly so you can move on.

Because a Cedar Park divorce overlaps with related matters, we also help with a contested divorce, a substantial-estate divorce, and who the children live with โ€” see the SMB Law military divorce team.

Frequently asked questions

Is a military pension divided in a Texas divorce?

Yes. The portion earned during the marriage is community property a court can divide, though federal law governs how the former spouse’s share is paid.

What is the 10/10 rule?

If the marriage overlapped at least ten years of creditable military service, DFAS can pay the former spouse’s share directly instead of relying on the member.

Does the former spouse get half the pension?

Not automatically. The court divides only the community (marital) portion on a just-and-right basis, and the frozen-benefit rule affects the amount.

Is a Cedar Park case filed in Williamson or Travis County?

Usually Williamson County in Georgetown, but because Cedar Park touches Travis County we confirm the correct venue.

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