I’ve been married for 38 years. Can I get a portion of his pension when we divorce?

UPDATED: Sep 30, 2022

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I’ve been married for 38 years. Can I get a portion of his pension when we divorce?

My spouse started his pension in his very first marriage but after we got married
is when he started receiving pension. We relied on his pension for the most part
to survive.

Asked on July 20, 2017 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Anything that is acquired during the course of the marriage is potentially community property.  If the pension was obtained, developed, or acquired prior to the two of you being married, then it will be considered his separate property and is not required to share a portion of it with you.
If proceeds of the pension accrued while the two of you were married, then you would only be entitled to that portion that accrued or was acquired during the marriage.  For example, if the pension was worth $10k when you married, and the $12k when you separated, then you would be entitled to a portion of the $2000.00 increase.  The court cannot award you a portion of the original $10k.

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