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Old 05-30-2009, 04:35 PM   #1
PamelaK
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Family Law q (Texas area)

I have been separated from "XH" for 4 years now. We are FINALLY getting around to doing the paperwork to get our divorce done. (There is a laundry list of excuses as to why it hasn't been done before now, mostly excuses about not having the money.) We have been married for 12.5 years now. My BFF is helping me with the divorce papers. We are getting the forms from a website that she used for her divorce and then I we will have a lawyer look them over to make sure it is all in good order before we file the papers. I will also send XH a copy of the papers before I file them so he knows what is coming. He knows I am working on them.

XH and I have agreed on the mutual debts and which debts we will pay individually (like student loans and personal medical bills). My dad insists that since we have been married for over 10 years that I can 1.) be eligible to use XH's social security benefits when I retire or become disabled and 2.) recieve half of XH's retirement (401Ks, IRAs, etc through work) up to the point we divorce. BFF says we can't put it in the paperwork about the retirement since XH is the one that earned the retirement monies and not me. I have no retirement funds, so adding mine into the mix is a rather moot point. The job XH currently has is the one he left here to pursue, with the plan for DD and I to join him after school got out. He called a month before we were to move out there to say he wanted a divorce.

So for all the family law PPs out there, would I be able to ask for half his retirement money in the divorce?

ETA: Child support and DD's medical coverage and expenses have already been worked out. We have a child support order that was just recently updated to reflect his higher pay status.
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Old 05-30-2009, 04:46 PM   #2
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You might want to try. A friend of mine did the same thing. She was married 17 years to the same guy and when she divorced him, she got 17 years worth of his retirement and a portion of his 401k and according to what I've heard from other people who divorce in Texas you are entitled to part of his retirement up to the time of the divorce. Which in your case would be 12.5 years. But I would definitely check with a lawyer. I know Texas has a lot of rules about divorce including social security, 401k's, retirement, etc. payments.
Good luck.
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Old 05-30-2009, 05:19 PM   #3
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I would recommend speaking with an attorney before making any decisions or writing out specifics, maybe look and see if any offer a free consultation, ask your questions at least get some direction from someone who is licensed and aware of the laws and practices in your area.

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Old 05-30-2009, 05:27 PM   #4
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I have been separated from "XH" for 4 years now. We are FINALLY getting around to doing the paperwork to get our divorce done. (There is a laundry list of excuses as to why it hasn't been done before now, mostly excuses about not having the money.) We have been married for 12.5 years now. My BFF is helping me with the divorce papers. We are getting the forms from a website that she used for her divorce and then I we will have a lawyer look them over to make sure it is all in good order before we file the papers. I will also send XH a copy of the papers before I file them so he knows what is coming. He knows I am working on them.

XH and I have agreed on the mutual debts and which debts we will pay individually (like student loans and personal medical bills). My dad insists that since we have been married for over 10 years that I can 1.) be eligible to use XH's social security benefits when I retire or become disabled and 2.) recieve half of XH's retirement (401Ks, IRAs, etc through work) up to the point we divorce. BFF says we can't put it in the paperwork about the retirement since XH is the one that earned the retirement monies and not me. I have no retirement funds, so adding mine into the mix is a rather moot point. The job XH currently has is the one he left here to pursue, with the plan for DD and I to join him after school got out. He called a month before we were to move out there to say he wanted a divorce.

So for all the family law PPs out there, would I be able to ask for half his retirement money in the divorce?

ETA: Child support and DD's medical coverage and expenses have already been worked out. We have a child support order that was just recently updated to reflect his higher pay status.
From what I know, you have a good case to ask for 1/2 his retirement money (it has to do with Texas's community property laws). I'm not a lawyer, though, just a Tax preparer (so I do have to keep up with family law to some extent). I'd recommend you do talk to a lawyer.
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Old 05-30-2009, 05:34 PM   #5
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As a paralegal, I think you should talk to an attorney. He/she will know and tell you all your options. As Amy said look for one that gives free consultations and make an appointment. Make a list of questions before you go(be surprised how much you can forget) and feel free to bring paper & pen with you to write answers or for jotting down additional questions while you are talking to the attorney.
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Old 05-30-2009, 05:43 PM   #6
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I'm with Shari on this one, it's differs from state to state. You MAY be eligible for a portion of his retirement/401k but only a legal advisor for your state, familiar with your situation, would be able to answer you properly.

The only questions I would ask, as has the attorneys I deal with here, is it worth the possible battle, his opposing arguments will be that you weren't together for 10 or more years, only 8.5 as you've been seperated for the past 4 years, and there is case law supporting that argument.

I would talk to a local attorney....
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Old 05-30-2009, 06:04 PM   #7
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Definitely talk to a Texas family law lawyer. Texas is a community property state, and has special laws pertaining to division of property ( this includes retirement plans, etc). Good luck on your outcome.
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Old 05-30-2009, 07:45 PM   #8
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Old 05-30-2009, 08:38 PM   #9
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Are you first wife with a child? I know in CT the first wife with children have rights to Social Security. Other then that I am NO help. Good Luck and I hope it all works out for you.
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Old 05-31-2009, 03:45 AM   #10
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Are you first wife with a child? I know in CT the first wife with children have rights to Social Security. Other then that I am NO help. Good Luck and I hope it all works out for you.
Yes I am and DD has a genetic disability that she inherited from her dad.
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Old 05-31-2009, 04:51 AM   #11
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Old 05-31-2009, 06:33 AM   #12
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I'm not familiar with Texas divorce laws but I do know about SSA. You can collect SSA off of your XH's account when you retire , if you were married to him at least 10 years and you are not married to anyone else at the time you become eligible for benefits.
If you do remarry and remain married for at least ten years to your second spouse but are again divorced or are widowed at retirement age you have the option of collecting SSA from either spouse, which ever would have the highest income. One advantage women have over men
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Old 05-31-2009, 10:09 PM   #13
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Yes, you can collect half of your XH retirement benefits. Assuming, he doesn't agree to it, it's going to cost you an arm and a leg to get it (attorney fees) and then there is still no guarantee because the judge always has discretion. Depending on how much he has in the retirement accounts, it may not be worth it. You need to consult with a lawyer.
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Old 06-11-2009, 03:13 AM   #14
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Here's where you can get some free advice.

Use your computer engine and enter:

two related sites:

Free lawyer AND/OR
Free Legal advice
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Old 06-11-2009, 06:33 AM   #15
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