Legal Question in Family Law in Texas
Pension
Do you have to be mariied 10 years for the spouse to be eligible for 1/2 of retirement benefits?
2 Answers from Attorneys
Re: Pension
The spouse gets 1/2 of the retirement benefits for the years of marriage, i.e. married 5 years, pension earned over 30 years, spouse gets 1/2 of 5/30. Good Luck.
Re: Pension
No. The retirement benefits accumulated during the marriage are community property and the divorce court can divide it. Benefits accrued prior to the marriage are the separate property of the employee and the court is prohibited from dividing those benefits.
The court is not obligated to divide community property on a 50-50 basis. A number of factors can influence an unequal division of the marital estate.
I suggest you retain a lawyer to assist with a divorce or property division issue.
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