The Shapiro Law Firm

Get help 24/7

972-833-8196

972-833-8196

  • Home
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact
  • X Close
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
    • Todd Shapiro
    • Howard Shapiro
    • Peter Ganyard
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact

Working Tenaciously To Protect Your Rights And Preserve Your Freedom

  1. Home
  2.  » 
  3. Divorce
  4.  » 
  5. Will the courts force you to split your pension in a divorce?
View Practice Areas

Will the courts force you to split your pension in a divorce?

On Behalf of The Shapiro Law Firm | Jan 10, 2020 | Divorce, Property Division

When you get divorced, most of the assets that you share with your spouse or that you acquired during the marriage become vulnerable to division. Unless you have a legally valid prenuptial agreement on record that protects certain assets as separate property, most everything you earned and acquired during marriage will be subject to division under the community property laws that guide divorce in Texas.

Many people don’t understand that community property means everything owned or earned during marriage, with the exception of assets you held prior to marriage or acquired through inheritance. Even assets that you hold solely in your own name can wind up split in a divorce. That includes your pension, even if your spouse never contributed a cent to it.

How much of the pension is vulnerable to division?

Most people have heard horror stories about someone they know who lost more than half of their assets in a divorce. Although community property standards don’t mandate a 50/50 split of each asset, they do require that the courts review and fairly split any income and assets acquired during the marriage, as well as any debts acquired by the couple.

Any pension amounts deposited or accrued prior to your marriage will typically remain your sole and separate property. However, whatever amount you saved and invested throughout the marriage will likely become marital property, meaning the courts will split it up. Although the pension may be a benefit in your name only through your employer, the amount you earned during marriage likely also partially belongs to your spouse in the eyes of the Texas family courts.

How do the courts divide a pension?

Unlike a retirement account, which has a balance that a plan administrator can divide and transfer, a pension often involves a slowly accruing balance that results in weekly or bi-weekly payments directly to a retired employee by their former employer or pension administrator. Splitting it isn’t always as simple as ordering a division of the account during the divorce.

The courts may determine the value of the pension that is community property versus how much remains separate property and allocate other assets that represent roughly half the value of that community portion of the pension to your spouse. The courts could also allocate more of the marital debt to the person who holds the pension in recognition of their ownership of more assets.

If you are close to retirement age and your spouse does not have their own pension or earning potential, the courts may also order spousal support or alimony for the duration of the pension. Military pensions have their own rules, depending on the length of the marriage and certain other factors. The more complex the assets you’ve acquired during your marriage, the more important it becomes to plan to protect them and your financial future in a divorce.

Categories

  • Child Custody (75)
  • Child Support (44)
  • Convictions (8)
  • Criminal Defense (44)
  • Divorce (162)
  • Domestic Violence (75)
  • Drug Crimes (14)
  • DWI-DUI (42)
  • Evidence (2)
  • Expungement (3)
  • Family Law (21)
  • Firm News (3)
  • Fraud (2)
  • Juvenile Crimes (17)
  • Postnuptial Agreements (2)
  • Prenuptial Agreements (7)
  • Property Division (49)
  • Prostitution (1)
  • Same-Sex Partners (38)
  • Sex Crimes (3)
  • Uncategorized (3)

Archives

Recent Posts

  • 3 reasons mediation is beneficial for high net worth divorce
  • What counts as intent to distribute fentanyl in Texas?
  • How do I prove my ex is hiding assets in Texas?
  • What to do after a DWI arrest in Texas
  • Can autopilot lead to a DWI charge in Texas?
Subscribe To This Blog’s Feed
Lead Counsel Verified | LC
Avvo Rating | 10.0 | Todd Donald Shapiro | Top Attorney
'11 readers' choice awards | Best criminal attorneys in plano | 2011 Plano Star Courier Readers' Choice Awards
2012 star community newspapers | Readers choice
Rated by Super Lawyers | Todd Shapiro | Selected in 2026
Readers choice star local media 2018
Reviews | 5 stars out of 63 reviews | Todd Donald Shapiro | AVVO
D Best 2026
Findlaw | The shapiro law firm rate us
Avvo | Clients' Choice Award 2024 | Todd Donald Shapiro

We Are Here To Help

When you need assistance from an experienced attorney, contact the Shapiro Law Firm by calling 972-833-8196.
Email Us For A Response

Contact Information

The Shapiro Law Firm
701 E. 15th Street
Suite 204
Plano, TX 75074

Plano Law Office Location
Review Us
Phone: 972-833-8196
Fax: 972-423-0077

Connect With Us

  • Follow
  • Follow
  • Follow

© 2026 The Shapiro Law Firm • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw