Legal Question in Family Law in Texas

Divorce and rights of retired Military wife

I have a friend who is divorcing her husband (retired military, General) and I am wondering if she is entitled to 1/2 of his retirement, and maybe more. They were married for at least 23 years. The divorce is going on in Texas and the husband is contesting everything...Trying to make sure she gets nothing? Is this possible? They are both in 60's or 70's Please help ASAP

Thanks,


Asked on 9/13/99, 1:57 pm

1 Answer from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Divorce and rights of retired Military wife

Under Texas law - which will control here - that portion of the husband's pension earned during marriage is community property. Pensions typically are divided by the courts 50/50 or perhaps better in favor of the non-military spouse, taking into consideration the various factors that bear on what division of property should be made. Further, your friend will have certain other rights related to the pension which are very important to protect, such as benefits should the ex-husband predecease the former wife.

This is a technical, complex and specialized area. Your friend should immediately obtain help from a family law attorney with experience in military divorces.

If we can help further, please let us know.

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Answered on 9/14/99, 8:57 pm


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