Legal Question in Family Law in Texas
How many years of marriage entitles her to my pension?
My wife and I have been married for 7 years. We spent about 2 or 3 years seperated. I have been on my job for 10 1/2 years. Someone told me that we had to be married for about 10 years before she could touch my pension. Is this true? If she can touch my pension, can I touch her pension and her 401K? We have no children together. We have nothing together (house, bank accounts, etc.). Should I worry?
1 Answer from Attorneys
Re: How many years of marriage entitles her to my pension?
From the moment you married, you began to establish community debts and assets.
You are entitled to one-half and she is entitled to one-half.
The State of Texas does not have legal separation so all community assets and debts continue to grow until the divorce is finalized.
The 10 year rule I think you friend mentioned is regarding spousal support. A couple must be married 10 years or have domestic abuse around the time of the divorce. Spousal support can go to the husband or spouse. It's limited to a % of net income and can only last a maximum of 3 years.
If you inherited anything that is separate property.
Gifts are also separate property. If she gave you a piece of furntiture, it's your separate property and if you gave her a piece of jewelry it's her separate property.
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