my wife and I have been married in texas for twenty years. I had already put in ten years toward a police pension before we married, then I worked another ten years and began drawing from the 20yr pension. We have lived off the pension now for ten years along with her income, we have no children together and she wants half of the pension for ten more years, is she entitled to it?
1 Answer from Attorneys
Probably not to half of it. The portion that you earned prior to your marriage can be considered as your separate property and, since separate property is not divided in a divorce, that portion should remain yours. Assuming 10 years separate property and 10 years community property she may be entitled to receive half of the community portion or 5 years worth. That's not exactly the formula, but you get the idea. And, she may receive it for longer than 10 years depending on what elections you made when you began receiving your retirement benefits. It can get complicated at that point.