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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42851
Experience:  30 years in civil, probate, real estate, elder law
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I am currently trying to get divorced. My question is is my

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I am currently trying to get divorced. My question is is my current wife who I have been married to for 9 years entitled to my navy pension. I retired in 1998 and didn't get married until 2007.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know the answer. She says she is , but I don't believe that she is entitled to it. Due to the fact that I served and retired well before we even met. Thank you

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

She has no legal claim to it here, you are right you retired and vested prior to marriage.This is not considered community property here, it is separate premarital property and court would award it to you as such. She is just wrong in this instance, its yours and your alone.Now the income during marriage, the payments you received become community income for duration of marriage.But the pension is awarded to your after date of divorce as separate premarital property.

I appreciate the chance to help you and wish you the best here.

If you can positive rate 5 stars it is much appreciated.

Reference

When contributions are made by the employee and the company prior to manage, the benefits are construed as separate property, while the benefits contributed by the employee and company after the marriage are community property.Here it is yours because it vested prior to marriage.

http://www.divorcesource.com/ds/texas/how-are-retirement-benefits-divided--3525.shtml

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