Legal Question in Family Law in Texas

Assuming the court orders a 50/50 split. I live in Texas and have teacher retirement and am currently getting a divorce no children under 18. If we go to court for an equal division of property and retirement, would hers count as well as mine?

for example at the time of divorce:

Mine $5000 Estimated Teacher retirement/month

Hers $1200 Estimated Social Security

Total $6200

Would she get the portion of mine that would bring us both to $3100 or does she get 1/2 of mine and all of hers?


Asked on 9/02/09, 1:54 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

It would depend on the exact language of the Final Decree of Divorce. That could be written either way. The rest of the decree would matter, also. For example, it is not unusual for the TOTAL estate to be split (50/50 or otherwise) but certain property exchanged so that no one shares any property (You get the Ford, he gets the Chevy or you get the house, he gets the 401(k), etc.)

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Answered on 9/08/09, 2:14 pm


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