Navigating Military Divorces with Jillian French - Ep 13

In episode 13 of "Cases & Cocktails," hosts Bryan and Janice Eggleston welcome special guest Jillian French, a board-certified family law attorney with extensive experience in military divorces. With a Buffalo Trace 75 in hand, they dive into the unique complexities of divorcing a service member, covering everything from military retirement benefits to child custody during deployment.

Why Military Divorces Are Different

Jillian, who began her career in Bell County, Texas (home to Fort Cavazos), explains that military divorces involve unique financial and legal considerations that many family law attorneys may not fully understand. From military pay structures to retirement divisions, healthcare benefits, and child custody complications due to deployments, every aspect of a military divorce requires specialized knowledge.

Key Differences Between Military and Civilian Divorces:

• Military Retirement & the "10/10 Rule": A spouse is eligible for direct payments from the Department of Defense if the couple was 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 retirement benefits---but the service member must pay them directly.
• BAH & BAS Allowances: Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are non-taxable military benefits that can impact child support calculations.
• Healthcare & TRICARE Benefits: In some cases, former spouses may retain access to TRICARE if the marriage lasted at least 15 years with 15 years of service overlap.
• Deployments & Custody Arrangements: Courts cannot penalize a service member for deployment, but custody orders must account for absences, including virtual visits and make-up time upon return.

The Importance of Getting It Right the First Time

One of the biggest takeaways from this episode is that mistakes in military divorce cases can be irreversible. Jillian explains how incorrect language in court orders---such as failing to specify "disposable" retirement pay---can result in costly financial consequences. She also warns against relying on "barracks lawyers" (military friends offering legal advice) and urges both service members and spouses to consult experienced attorneys who understand both the Texas Family Code and military regulations.

When to Consult a Military Divorce Expert

Jillian advises attorneys to seek expert guidance early in a case, especially when:

• The service member's pay and benefits are a factor in property division or child support.
• The couple is negotiating retirement division to ensure compliance with the Frozen Benefit Rule (which locks in retirement calculations at the time of divorce).
• Custody and possession schedules must accommodate deployments or frequent relocations.

The Eggleston Law Firm's Military Divorce Expertise

Jillian has been handling military divorces for over 11 years and now brings her expertise in-house at The Eggleston Law Firm. This means clients no longer need to outsource military divorce issues---they receive comprehensive legal support from a team well-versed in these cases.

Final Thoughts

Military divorces are complex, high-stakes cases that require attorneys who understand both civilian law and military regulations. Whether you're a service member or a military spouse, working with an experienced legal team ensures your rights, benefits, and future financial security are protected.