Going through a divorce is a difficult phase of one’s life. In Texas, the divorce may be the same, but some legal factors affect the pension division process. It not only affects relationships but also makes your financial future complex. In this tough time, one question popping into your mind if you are from Texas, is, “How Long Do You Have to Be Married to Get Half of Retirement in Texas?”
Answering this question includes many legal and financial factors as well. The division of retirement benefits itself is a complex topic. In this phase, you might lose thousands of dollars on the table.
This article breaks down your exact confusion related to this concern, whether it is about the period of marriage or retirement division. Let’s move forward.
Retirement Division In Texas
Texas is a community property state in the U.S. Community property means that any property, investment, income, and debt acquired by one spouse after marriage is considered a joint marital asset. However, there is a things which need to be noted. Only the assets which are aquired during the marriage are subject to the devision. Any other assets of the one spouse will remain the seperate property.
This marital asset is divided equally between both spouses when going through a divorce. However, the equal split does not always work.
Instead, the split may depend on various factors, including :-
- The duration of the marriage
- Fault in the divorce
- Financial conditions
- age of spouses
- custody arrangements for minor children
How Long A Marriage Should Last To Get Half of The Retirement In Texas?
Generally, there is no specific number of years of marriage mentioned to claim a portion of your spouse’s retirement in Texas. Instead, if you are together for just a few years, you are still entitled to a portion of your spouse’s retirement benefits.
In the Texas, there are no state laws which sets a minimum marriage length to get the retirement benefit distribution. This means, even a short marriage can allow the spouse to get the retirement assets which are acquired during the marriage. But it is essential to mark that percentage of funds the other spouse will get also depends on some other factors, not just on marriage length. However, a long marriage can really increase the distribution stake of the other spouse or non working spouse. But there is no guarantee of 50/50 split.
However, the length of marriage matters in some contexts, like :-
- Under 10 years : – Division will not depend on the length of the marriage, but what portion to be divided can be affected. Here, you may receive a portion of the retirement earned during the marriage, which is a lesser amount.
- More than 10 years :- In this case, the court can award you a good portion of your spouse’s acquired benefits after marriage.
- 20+ years :- If you have been married for more than 20 years, then you can probably get an even split of all acquired assets.
The longer the marriage goes, the greater the portion of division increases. In long-term marriages, courts are likely to split 50/50.
How long do you have to be married to get half of retirement in Texas? This question is not solved yet. There are some cases in which the division may differ from others. Let’s discuss those scenarios.
To better understand how divorce might affect your finances, Read our detailed guide : Are Retirement Accounts Marital Property?
Special Cases: How Long Do You Have To Be Married To Get Half Of Retirement In Texas?
If your spouse is a military person, then the situation may differ. Military pension follows the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Texas courts can divide military pensions just like other retirement benefits, except that some criteria must be followed :-
- You must be married for at least 10 years.
- Your spouse must have served in the military for at least 10 years during the marriage.
When this criterian is fulfilled, the other spouse can directly get a portion of retirement income.This rule applies to both military and civilian retirement plans. But there is one benefit that also follows the same criteria but with one addition for the retirement division. However, if the 10/10 rule is not meet, then still the spouse can get a share but not from the DFAS (Defense Finance and Accounting Service), instead from the spouse only.
Social security benefits are there, which are based on your spouse’s record in employment record, and the marriage must have lasted at least 10 years. The social security benefits are not divided in a divorce. But the ex-spouse can claim the benefits directly from the department based onthe service during the marriage.
What Should You Do If You’re Divorcing In Texas?
There are many legal issues that arise when it comes to financial divisions. What you must do is consult a divorce attorney who has similar work experience in asset division.
An expert legal advisor will draft the QDRO (Qualified Domestic Relations Order) to be clear and fair. Also, ensure that you take the required action in the minimum time after divorce because delay can cause some issues in the division and rights.
Don’t be unaware of your entitlement rights and factors because the length can impact the portion, but the division will be done.
Conclusion :-
Divorce is a problematic phase of life, but securing the future is the thing that matters the most. So, how long do you have to be married to get half of retirement in Texas? Basically, there is no such length of marriage given, but the longer the marriage goes, the more the portion of the pension is divided.
In Texas, the court verifies all in-line situations and does not accept papers. Whether you are married for 2 years or for 25 years, you are legally entitled to your spouse’s pension; only the division amount varies.
With this, you can easily pass the division and legal phases with correct knowledge of documents and procedures. Division of pension is a must, but based on some factors mentioned above, the portion of the division can vary.
We always love to hear your opinion on this article! Knowing that is your query is solved by this article, are you now confident about this concern? We are here to provide the most reliable and clear information. If you are going through any of these situations, then feel free to ask any further questions related to this.
Your feedback not only helps us to improve, but it will help others to know more enhanced information about their query.
Frequently Asked Questions
Can I get half of my husband’s retirement in a divorce in Texas?
Usually, the division of the portion does not depend on the length of the marriage, but the length of the marriage may affect the portion you get.
Can my wife get my retirement if we divorce in Texas?
Yes, your wife is eligible to get a share of your retirement benefits. This is because the retirement account acqureed during the marriage are considered as an joint asset.
Can I get half of my ex-husband’s Social Security?
Note that, the social security payments cannot be divisible in both the spouse after divorce. However, the ex-spouse can claim a waiver benefit income by the service record of the other spouse during the marriage. This is possible if a considerable number of years the marriage goes.
