Legal Question in Family Law in Texas

Divorce and retirement plan

I got married in 1996 and separated from my husband in 2000. Now I would like to get a divorce, but I was told by a friend that he could get 1/2 of my teachers retirement. I was also told that if either one of us had run up any debt that the other one would have to pay 1/2 of the debt. Is this true, and if it is what should I do? I don't have a lot of money to spend on a divorce but I don't want him to get more than he is entitled to and I don't want to have to pay half of his debt.


Asked on 3/14/04, 1:52 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Divorce and retirement plan

Generally speaking, all assets and debts that occur during the marriage are community property.

Assets are separate property in certain cases -- such as an inheritance, for example.

The Texas Family Code is available on-line. Go to any search engine and type in Texas Family Code. It is a long document so I don't recommend printing the entire document.

Since you are unaware of the laws of the State of Texas, I strongly urge you to speak to an attorney that is familiar with family law. Many attorneys will meet with you for a consultation for a flat-rate. Call around to local attotneys or check with your friends and family for a referral.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 3/15/04, 12:43 am


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