Legal Question in Family Law in Texas

divorce

Is the wife entitled to half the husbands retirement based on the number of years of marriage or the number of years of actual cohabitation while married?


Asked on 7/08/07, 4:41 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: divorce

The community asset is determined from the date of marriage until the divorce is finalized.

Texas does not stop assets from growing at the time of separation since Texas does not have legal separation.

Of course, it is presumed a 50/50 split, but the final split is up to the parties or the judge. I've seen splits at 55/45 or 60/40.

Also, you must divide all community assets and debts.

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Answered on 7/09/07, 12:08 am


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