Q: Separated 7 years, seeking part of husband's pension in Texas.
I have been separated from my husband for 7 years with no formal proceedings initiated. I am seeking advice on how to receive a portion of his pension. We do not have any existing agreements regarding property or the pension. Can you help me understand what steps I need to take?
A: If you do not wish to divorce, you can enter into a partition and exchange agreement with your husband agreeing that he will pay to you as your sole and separate property a portion of his pension benefits upon receiving them and imposing a constructive trust on those benefits he receives to the extent of your interest. You should each hire an attorney with experience in family law in or near the county where you live to draft this agreement. You will want your attorneys to be as clear and specific as possible to avoid any future misunderstanding. You will want your attorneys to consider and take into account any potentially applicable Medicaid/Medicare look-back policies depending upon your husband's age and health.
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A:
Under Texas law, community property rules apply to pensions earned during the marriage. Since you are still legally married, you may have a claim to a portion of your husband's pension accrued during the marriage. To pursue this, you will need to file for divorce and seek a division of marital assets, including the pension. The court will determine a fair division based on Texas community property laws. Consulting a family law attorney can help you navigate this process and protect your interests.
Steve Buitron
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