Legal Question in Family Law in Texas

Is it by law, regardless of what is in your divorce decree that you recieve part of your ex-husband retirement.

If you have been told that you are in a will by someone, is there anyway you can find out if this is true?

When your ex-husband is deceased do you draw part of his social security?


Asked on 2/16/11, 8:55 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You probably need to meet with an attorney and discuss these complex matters in detail.

I will give you a very quick answer to your questions. However, since I have not met with you in person, please don't rely on these answers. Upon meeting with you and discussing your personal situation in detail, my answer might be different!

1. No. The divorce decree is what matters. If it was not divided in the divorce decree than you don't get it. You need to talk to a divorce attorney immediately! You don't get part of the retirement plan automatically! Run to a divorce attorney immediately!

2. If a will is going to be probated in a court it is a public document. Go to the county where the will be doing to be probated and ask the clerk to read it. If the person is alive, then the will can be changed while the person is alive. A person can write many wills while they are alive.

3. Social security benefits depend on how long you were married. You can call Social Security Administration and ask them.

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Answered on 2/16/11, 1:42 pm


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