Can you ask for part of your spouse’s pension when you file for divorce? 

Posted by Ashlei Gradney | Oct 13, 2020 | 0 Comments

Maybe you left your job to stay home and raise the kids, or perhaps you work part-time so that you could support your spouse by managing most of the household needs like cleaning and cooking. 

When you earn less than your spouse and don't receive the same benefits, like a pension, considering divorce can feel quite intimidating. You may wonder if you could ever survive without the income and benefits your spouse provides. 

While it is wise to look at ways to increase your income and reduce your cost-of-living expenses when considering a divorce, it's also smart to make sure you receive your fair share of the marital property. Can you ask for part of your ex's pensions in the divorce?

Retirement accounts and pensions often get split in divorce proceedings

It is quite common for at least some of a pension or retirement account balance to have accrued during a marriage. While you may not have a claim to any amount that your spouse earned or deposited prior to the marriage or after you legally separated, you do have the right to seek a share of the amount that the account grew by during your marriage. 

Reviewing account statements can give you an idea of just how much of the balance accrued during your marriage. You can then ask for the courts to consider that portion of the account balance as community property subject to division. They might issue a Qualified Domestic Relations order to split an actual account or pension, or they could order alimony for when your spouse starts receiving benefits. 

Discussing the length of your marriage and the assets both you and your spouse have a crew during that time with an attorney can give you better ideas about what options you have in a Texas divorce.

About the Author

Ashlei Gradney

ASHLEI D. GRADNEY CONTACT ME: 214-699-4068 PRACTICE AREAS: Family Law Probate Personal Injury Business Matters BIOGRAPHY Ashlei Dior Gradney is the owner of GRADNEY, PC, a general practice law firm focusing on Family Law, Probate, Injury/Death cases and Business matters. She grad...


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