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?

Related Topics:
1 Lawyer Answer
Shawn H. Smith
Shawn H. Smith
  • Fort Collins, CO
  • Licensed 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.