Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation.How can I protect my rights to his retirement?
By taking proper steps. Allow me to explain.CALCULATION
While Texas is a community property state, retirement is still shared. Ergo, you are entitled to HALF of his retirement for the time that you and he have been married.
He has been accruing pension for 30 years, and puts in $5 per year. So he would have $150 now.
You are married 27 years, and in that time, he has accrued $135. You get half of that, which is $67.5
.ADDING IT ON
If you should decide to divorce
, one has to force the issue. If he does not agree to share the pension per the default rules (or whatever you agree upon), then you can ask the Court. It is common for parties to agree to 95% of the divorce, but then ask the Court to make a decision in regards XXXXX XXXXX 5% that cannot be agreed upon. PROPER FILING
The number one issue that hurts ex-spouses is the improper filing of a QDRO. Allow me to explain.
The QDRO is a Qualified Domestic Relations Order. This order is normally filed with the decree of divorce and is signed by the Judge. The QDRO reflects specifically the splitting of the pension as reflected in your agreement that is incorporated into the divorce decree, or, the decision made by the Judge and incorporated into your divorce decree. The QDRO is sent to the party's employer who holds the pension.
At the time of distribution, half (or whatever the percentage that you are to get) is then sent to you.
Often, attorneys do not file a QDRO. There is just the divorce decree. However, the company overseeing the pension needs a QDRO to split your part off. That is when the parties run into an issue, as they scramble and to go back to Court.
Ergo, if you get a divorce, make sure that your attorney drafts and filed a QDRO, gets it signed by the Judge, and sends it off to the Department of Criminal Justice Bureau of Prisons' HR department
so that your share would be taken out at the proper time.
I hope this helps and clarifies. Good luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating