In a divorce, most individuals expect to divide assets such as income, the house, vehicles, and even the children, but when they are told that they must split their retirement savings or pension plans with their former spouse, they are shocked. After all, you expected to split the past with your ex, but now you have to share a piece of your future with them, as well?
According to the Texas Family Code, retirement pension plans are considered a part of the marital income, and income is considered joint marital property. As such, any retirement savings you and your former spouse had accumulated during the marriage is divided between the two of you in a divorce, despite each party's contribution (or lack thereof) to the account.
How Much of Your Pension is Your Former Spouse Entitled to?
Fortunately, Texas does not force you to split your entire pension with your former spouse; you must only surrender half of what was accumulated during the duration of the marriage. In very rare instances, the court may grant one spouse interests in future retirement earnings if they feel that one spouse contributed more to the marriage than the other. Again though, this is a very rare occurrence.
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