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How long does a couple have to be married in the state of TX in order to be eligible to ask a court for partial retirement benefits if one is wanting a divorce?
Asked on June 4, 2009 under Family Law, Texas
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I don't understand your question? Are you asking if one spouse is eligible to get a portion of the other's retirement benefits? It depends on a number of factors, including how long you were married (which I think is your question) and if the retirement benefits were earned during the marriage.
In terms of how long you "have to be" married:
check out the following sections in this hyperlink: http://www.statutes.legis.state.tx.us/SOTWDocs/FA/pdf/FA.7.pdf
A7.001.AAGENERAL RULE OF PROPERTY DIVISION
Sec.A7.002.AADIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES Sec. A7.003.AADISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER PLANS. A
A7.003.AADISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER PLANS.
check out the following sections in this hyperlink:
Sec. 3.007. AAPROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS.
AAPROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS.