QUESTION
My husband of 59 years now wants a divorce and said I could not get half of his pension. What am I entitled to?
Asked on Mar 27th, 2013 on Divorce - Texas
More details to this question:
I am 85 years old and my husband is 91. This is both of our 2nd marriages but we dont have any children together.I had heart surgery in January and my only child came down to help me and he is married and lives in houston he is retired and I needed help. My husband of 59 years now wants a divorce he says my son should not be here that he could take care of me. I can hardly walk on my own. He said he had talked to a lawyer and said I could not get half of his pension. I am so overwhelmed that he moved in with his daughter and I really needed help. We live in Texas and we own a home. I believe in Texas it should be split.
1 ANSWER
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Any part of the pension earned prior to the marriage is the party's separate property and must be awarded to that party. The portion earned during the marriage is community property and can be divided in the divorce. Any other property acquired during the marriage is presumed to be community property; however, Texas marital property is complex and I suggest you hire a lawyer.
Answered on Mar 31st, 2013 at 8:25 PM