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Seeking legal separation from AF military spouse rank E5. We are trying to work on the marriage; we just need some time apart.

San Antonio, TX |

I am the wife of an active duty military member (Air Force). We are at a point in our marriage that we do not wish to coexist in the same home. However, we are not ready to divorce either. We married and live in the state of Texas. I have read that this state does not recognize legal separations. If this is so, then is there another way we could legally separate in this state?

I do have 2 teenagers from a previous marriage and my military spouse carries them as his dependents. Both my children have ADHD and one of them also suffers from Asperger’s Syndrome, a high functioning form of Autism. We are not even aware if the Air Force will allow him a separate (BHA) Basic Housing Allowance, or if my kids will have health insurance. He could easily go ask JAG but he refuses to go. I am not mobile.

We do not have any kids together and we have been married 6 years. He wants to travel with the Air Force, and due to my kids having mental health issues he is coded and unable to travel. This is why he wants to separate legally, so he can see if time apart will help us work on us the marriage.

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Attorney answers 3


I am sorry to hear your situation and pray for prompt resolution to your marital problems. As you stated, Texas does not recognize legal separation but nothing prevents you from living apart from your spouse.

I suggest counseling for both of you in the meantime.


As an active-duty military spouse, you are also entitled to free legal services from the military - not just your husband. While I know that other services, such as the Air Force may have different rules regarding the provision of legal services from JAG, the Army will provide free legal services to any service member and their families regardless of the branch of service.

I would advise you, seeing that you are in San Antonio, to call the Fort Sam Houston Legal Assistance Office and schedule an appointment with an Army legal assistance attorney. That attorney will be able to provide you with free, confidential legal advice tailored specifically to the facts of your situation.


Texas does not recognize legal separation. JAG may know of an option that allows him to travel if that is what he wants, or he could talk with his commanding officer about the coding issue.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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