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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Getting ready to retire I have a exwife to whom I stayed married

Customer Question

getting ready to retire I have a exwife to whom I stayed married to for eight years,is she entitled to an of my retirement benefits.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
That depends on a few factors. In what state do you reside in? What benefits, exactly, are you concerned about--are you referring to Social Security or a private pension of some kind?
Customer: replied 1 year ago.
texas
Customer: replied 1 year ago.
private pension
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,Was this discussed, debated, or resolved via a divorce settlement agreement, or not yet?
Customer: replied 1 year ago.
Not yet
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, In that case she would be entitled to a portion of your pension, but it would be up to the courts to calculate the exact amount or percentage. Provided that she was married to you during the time you were employed and you earned any benefit toward this pension, under Texas community property laws she would be deemed a 50/50 owner of that community benefit. Unless in your divorce she formally signed off and agreed to not challenge your pension by claiming that it belongs to you, a portion does go to her. While not an exact estimate, you can look to how much the pension grew to create a very rough amount as to what she may be entitled to. If, for example, it took you 30 years to grow the pension, of which 8 years you spent married to her, she can demand up to 1/2 of the 8/30 share, or about 13.3% or so. Of course it would still be up to the courts to really figure out the amount, but she would have some ownership based on this calculation. Sincerely, ***** *****

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