Prosper, TX asked in Divorce for Texas

Q: is an ex spouse entitled to pension money that was earned years after our divorce was final? We were divorced in 2005.

I went to work for a company in 2010 and have just retired in August 2022. During the years that I was with the company I had a pension. I have just retired and have requested the payout on my pension. The company will not pay out my pension. The reason they are using is that I was married from 2001 - 2005 (divorce was in 2005) and they say that the pension money I earned from 2010 - 2022 has to be divided and given to my ex-husband. I was not married to him during the time I worked for the company. In fact, he remarried long before I went to work for the company that I have just retired from. In other words, I was not married to him during any time that I worked for the company I just retired from.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Typically, a former spouse is not entitled to any portion of a pension earned while working for an employer after divorce.

However, I have seen divorce decrees in which the parties have agreed to share future retirement benefits with each other.

You should carefully read the property division sections of your divorce decree.

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.