Legal Question in Family Law in Texas
Pension/Marital property
Mr. X and Mrs. X got divorced in 1975. Mrs. X was to receive a percentage of Mr. X's pension ( to start when he began receiving it)as part of the divorce agreement. Mr. X went on disability in 1993 and began receiving his pension. Mrs. X was unaware of this fact until a few years later, and then only through hearsay. Mr. X just turned 65, and Mrs. X is suing him for her portion, beginning from 1993. Mr X. believes he does not have to pay the portion from 1993 until his 65th birthday because the statute of limitations has expired. Mrs. X believes she is entitled to it because it is marital property and it shouldn't matter that she is just now asking for it. Who is right?
1 Answer from Attorneys
Re: Pension/Marital property
Alot depends on the wording of the Original Divorce Decree. If he was ordered to pay it to her in the original decree, then she is not "just now" asking for it. As far as statute of limitations, limitations generally do not begin to run until Mrs. X knew or should have known of the triggering event. Therefore, it may depend on exactly what she heard in the "hearsay," when she heard it, and what follow-up investigation she did to confirm it. There is also a common law doctrine called "laches" that says you should assert your rights within a reasonable time, so even if the statute of limitations is found to have not barred the action, the judge, in his discretion, may still find the action is barred by laches. It is a matter of proving to the judge what is fair under the circumstances. Mrs. X should consult with an attorney who can review all the applicable previous orders, and it may come down to waiting for the judge to decide the answer on his/her sense of "fairness."
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