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LawTalk, Attorney
Category: Estate Law
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Experience:  I have more than 25 years of experience in the practice of law.
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This is for a lawyer well familiar with Texas divorce law

Customer Question

this is for a lawyer well familiar with Texas divorce law
Will use fictitious names
Jack divorced Jill after 40 years of marriage. Jack receives a certain amount - lets say $ 10,000 a month from his government retirement plan. In divorce settlement - he signed over 50% of that $ 10,000 monthly to ex wife as well as agreeing to have all real estate holdings in both names 50/50%. how do both of these cases changes if Jack remarries? Does he still have to give 50% to ex wife? If Jack dies - only half of that $ 10,000 monthly retirement income is paid out. Is that still paid to ex wife or will new wife receive it? Does it matter where the 2nd marriage takes place ? what rights does the new wife have over any money owned by husband Jack if he dies and has a texas will leaving all to his adult children
Submitted: 15 days ago.
Category: Estate Law
Expert:  LawTalk replied 15 days ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Quite simply, the marital settlement agreement (MSA) that you provided facts for is a contract that is fully enforceable and non-modifiable as soon as the court issues the divorce decree.

The MSA is not effect by the remarriage of either party unless the terms of the MSA specifically hold such. So remarriage by the ex-husband would have no legal effect on the MS ordered by the court.

Yes, he still has to give 50% to his ex---in accordance with the order of the court---ordering the MS provisions as part of the decree.

Presuming that the $10,000 per month retirement income is still even payable after the death of the worker, the ex-wife is still entitled to her half. Many retirement pensions end at the death of the worker. However, in neither case would the new wife get the 50% of the $10,000.

Where or when the second marriage takes place means nothing as regards ***** ***** of the ex-wife.

The new wife would have a community property claim against the community property of the marriage, regardless of the fact that the husband dies with a will giving everything to the children.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 15 days ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge of just $5 more I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance for your rating of my service, It is greatly appreciated,


Expert:  LawTalk replied 15 days ago.


Is there anything else I can assist you with today?


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