Legal Question in Family Law in Texas
Divorce and pensions
Have been married for 20+ years - spouse started current job after marriage - have been a stay at home mom for most of marriage - am I entitled to a portion of his retirement and if so, do I receive the funds upon his retirement or as a cash value at time of divorce?
2 Answers from Attorneys
Re: Divorce and pensions
In general, since it was all saved/earned during the marriage you are entitled to 50% of his retirement. His retirement benefits are one of many marital assets that will need to be divided as part of the property settlement. How each asset is handled varies from divorce to divorce.
Re: Divorce and pensions
You would definitely have an interest in your husband's retirement plan. The date on which the benefit would be paid depends upon whether you are dealing with a defined benefit plan or a defined contribution plan, or both, and the specific requirements or obligations imposed by the particular plan. Contact me if you care to discuss this matter further.
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