What am I entitled to if I divorce a retired military man after 31 years of marriage?

My husband doesn’t think I’m entitled to anything but half of his retirement check if we divorce. He is retired military and an over the road truck driver. I believe I’m still entitled to benefits after divorce and alimony and half of his retirement. We own our own home, 2 cars and an 18 wheeler.

Asked on October 7, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Texas is a community property state so the assets that are considered marital assets are split 50/50.  Marital assets are assets acquired during the marriage.  If the home and cars and truck were purchased during the marriage with marital funds then they are definitely yours and his for splitting.  The issue of health insurance is different.  Your husband can agree to insure you after the divorce but he would be paying out of pocket for that.  What I mean is that the company that covers him will not cover you once the divorce is final. You are no longer a "family member" under the law and thus they do not keep you on the policy.  You can look in to COBRA benefits.  So that is something to negotiate.  As for the military pension, that is determined differently from regular retirement pensions.  You are only entitled to that portion that accrued during the marriage.  But it seems that you were probably married his entire career and he retired while you were married as well so you may indeed get half.  Good luck to you. 


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 AttorneyPages.com 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.