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Military Retired Pay In Texas: A New Outlook., Joseph F. Sage

St. Mary's Law Journal

Texas courts have solidified the rule that retirement benefits are community property, subject to judicial division on divorce. The courts have largely overlooked an area of federal law and regulation involving the distinction between retirement from active duty and absolute retirement from service. Generally, regularly commissioned officers remain in the military even after retiring from active duty, while officers with reserve commissions terminate their military commitment upon retirement. Texas courts have not observed the distinction between the retirement benefits for regular and reserve officers, which are correctly labeled retired pay and retirement pay, respectively. Hence, current wages fall outside of …