Legal Question in Family Law in Texas

My spouse and I are getting a Divorce in Texas, am I or he or both of us entitled to 1/2 of each others retirement pension benefits ? Or are we both just entitled to our own retirement benefits. And he was married before to his first wife of 14 years is she entitled to any of his benefits which would decrease my benefits from him. He and I have been married 22 years with three kids?


Asked on 4/13/12, 11:52 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Whatever retirement benefits accrued during the marriage are community property, and are to be divided by the court (ostensibly on a 50-50 basis, but the Family Code doesn't require the community estate to be divided exactly in half).

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Answered on 4/13/12, 1:45 pm


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