Asked in Divorce for Texas

Q: Married for 16 year he is in the military do i get any of his pension? Or any marital property that's all in his name?

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1 Lawyer Answer
  • San Antonio, TX
  • Licenced in Texas

A: Texas is a community property state, so it doesn't necessarily matter whose name the property is in, but rather was the property acquired during the marriage with community funds. Community funds include any salary your husband was paid during the marriage, which also gives you the rights to a portion of his retirement. That is where it starts to get a little complicated, so you will want to speak to an attorney about the specifics, but the short answer is that, yes, you are entitled to property not in your name and probably a portion of his pension as well. Good luck.

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