Can my wife of 16 years get half of my SSD andretirement?
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Can my wife of 16 years get half of my SSD andretirement?
She abandoned me and our son four years ago and has not contributed to his support. I filed for a divorce 10 months ago and 5 months later it was granted. She got an attorney and was granted a new trial, basically overturning an already recorded divorce. I have to go back to court in next month. Will she be entitled to half of my disability retirement payments from Social Security and my Labor Union? I also qualify for annuity funds paid for me by my union to be released because of my disability. Can she get half? All payments that I receive are disability payments. I won’t qualify for regular retirement until 7 more years.
Asked on January 20, 2012 under Family Law, Texas
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
Your retirement will be divided, depending when and whether you earned during marriage. The portion of marital property will be divided equally. SSD is controlled by federal law and a state court has no power to divide it. However, the state court can consider the SSD in calculating the assets and award her something in equal value.
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