Asked 6/13/2008
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Texas Divorce I have been married 8 years. The books say that one must be married 10 to get part of the pension/retirement. If he supported me throughout the entire marriage, do I get no support minus child support? He just left the kids and I, and at first took care of us, then when he met someone new he decided not to pay a dime and wants to have our children live with him and for me to be homeless. Can he do this? |
Answer 1/2 - Submitted 4/8/2010
I assume the 10 year provision you are referring to has to do with military benefits. You do not have to be married ten years to receive benefits. For regular 401K plans, you will divide the accounts by a Qualified Domestic Relations Order (QDRO). For military benefits, they will not accept a QDRO unless you have been married 10 years and have been in the service for 10 years. This does not mean you are not entitled to receive the beneifts.
Answer 2/2 - Submitted 4/8/2010
If you were married 10 years and never remarry you'll be entitled to a portion of his social security, based on his lifetime earnings, if it's higher than your own.
And no, he can't just up and leave you homeless and penniless. Go file for a interim order of support for you and your children until your divorce goes through. Until that order is in place he does not have to give you a dime.
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