QUESTION
Am I eligible to receive any of my husband’s teachers retirement?
Asked on Jun 06th, 2014 on Divorce - Texas
More details to this question:
My adulterous husband walked out on me 2 years ago. We have been married for 7 years. I am not sure if he has filed for divorce. Can I file for some of his teachers retirement if he divorces me and remarrys? He would not talk to me and I refuse to pay for the divorce even if I wanted it. December 23rd of this year will be 8 years but we had been together for 5 years before we got married. What financial arrangement can I receive if any?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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A portion of your husband's retirement is likely community property. The community property acquired during your 7 years of marriage belongs 50% to you and 50% to him. So, yes you are entitled to some percentage of his teacher's retirement. As far as who pays for the cost of the divorce, it is possible that your husband can be ordered to pay your attorney's fees, although most attorneys require an initial retainer to take you on as a client.
Answered on Jun 10th, 2014 at 7:13 PM