Legal Question in Family Law in Texas

She can apply for social security and if they were married over 10 years then she probably quaifies for receiving it.

You can certainly call the social security office and talk to them.

Be aware that many people receive more money then they paid into the system.

Depends.

Hypothetically based on what you wrote and in not seeing the file or the decree (order) or knowing how long they were married...

If your husband did not disclose a retirement plan that he had at the time of the divorce, and there is no mention of it in the orders entered, then, yes, she possibly could reopen the case and ask for half of what ever he had accrued in that plan during their marriage, as well as attorneys' fees. This can be determined based on the decree (order) that was entered and whether a plan he is receiving funds from now, was in existence during their divorce, for example, if the order makes no mention of any plan and there was one, she can possibly reopen the divorce as to that piece of community property.

Next, as to Social Security, and based on this hypothetical situation and not knowing how long they were married.....

If it is Social Security, and she wasn't awarded a percentage of what ever social security benefits he accrued during their marriage, in the the divorce decree, AND as social security is a known future benefit to all persons who work and pay into Social Security system, and if they weren't married long enough for a benefit to accrue, then, she may not be able to go after his payments.

We would need to review the order and the language entered, the Social Security payments made and years contributed into the plan, and we would need to know how long and what years they were married and when he was and would be eligible for Social Security retirement.

He would need to come into the office for this work to be reviewed, researched and performed and there will be a charge for this work. He can also try to do research and accumulate this information on his own and then go to the Social Security office with his file; see if he can ask to see an agent there; and see if they will answer his questions.

Goldstein & Scopellite, PC has qualified litigation attorneys, divorce lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.