Somerset, TX Divorce Law Firms & Lawyers

If the original divorce decree stated that you were entitled to half of the retirement unless you remarried. And you remarried for a period of 2 1/2 years then it would seem under basic contract law that you are no longer entitled to half the retirement.

Ideally, your share of interest in the construction company would have been paid to you before the divorce is final in a settlement for what the company's worth was at the time of the divorce. At this point, you may be able to file a suit to enforce to receive 1% of the sale of the company, but you only have 2 years from the date of your divorce to bring this kind of lawsuit. I highly recommend investing in a consultation with a local attorney to find out your options in this case.

You should first confirm whether or not your divorce was ever finalized. If it was not, it should not be difficult to complete the action now. You can ask the court to make the divorce effective back to a date prior to your next marriage. It is important for you to have the divorce finalized if there are provisions for child support, alimony, or the division of retirement benefits. If the new wife gets a divorce decree that gives her a portion of her husband's retirement benefits before you get a decree giving you part of his retirement, her order will take precedence of your order and could affect the amount you receive. You should contact an attorney to review the status of the first divorce to see what other issues might arise if your husband next divorce is entered before you can finalize your proceeding, and to determine the effect on your current marriage.