Legal Question in Family Law in Texas

divorce and retirement rights

i have been married to my husband for nine years and am thinking of filing for divorce, my guestion is, am i entitled to half of his retirement, he says i am not, i do not have any kind of retirement of my own


Asked on 10/17/07, 4:57 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: divorce and retirement rights

You are entitled to 1/2 of his retirement for the 9 years you were married divided by the number of years that he has been contributing or accumulating retirment benefits. So, if he has been contributing or accumulating retirement benefits for 10 years, you would be entitled to 1/2 of 9/10 of his retirement. This not necessarily automatic. You might need a lawyer. Good Luck.

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Answered on 10/17/07, 5:21 pm
Fran Brochstein Attorney & Mediator

Re: divorce and retirement rights

Our are entitled to approx. 50% (unless the court says you get more -- which they might depending on your circumstances) of ALL the community debts and assets.

Any separate property (such as birth gifts, anniversary gifts, a gift from anyone or inheritance) is a person's separate property and 100% goes to that person.

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Answered on 10/17/07, 6:45 pm


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