Money after a divorce for a time before the divorce.

My ex husband and I where divorced in dec of 2016. I just found out that he is
getting back pay from 2015. In his paper work for the back pay it says Himself
and 4 dependents. That would be my self and our 3 kids. Am I entitled to any of
that money?

Asked on April 28, 2017 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Funds earned during the marriage are community property.  If the backpay was not resolved by your final decree, then you can petition the court to divide this asset.  This motion is called "Motion to Divide".  If you are not sure whether or not your divorce decree resolved this issue, then arrange for a consult with a family law attorney to look over the decree and then help you enforce your rights, if needed, to the newly discovered asset.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.