Edna, TX Divorce Law Firms & Lawyers

I would contact the Plan Administrator for your prior Husband's Pension. Every Pension has their own set of rules. As a general rule, however, if your Husband did not elect to create a 'separate estate' for you under his Pension (there would have been a cost for this), then his Pension would have died with him. Pensions do not operate like 401k's.

That is untrue.  Typically, when parties file for divorce, they either agree or the court enters temporary orders detailing which party gets exclusive temporary use and possession of real estate, motor vehicles, and potentially other property and which recurring bills each party is ordered to pay during the pendency of the case.  Such temporary orders may also include temporary support for a spouse or any children of the marriage, interim attorney fees if one party in in control of most of the community funds, and a parenting plan for custody & possession of any children.It is not automatic that each spouse must pay 1/2 of all bills.  

The court does not automatically know you signed a prenuptial agreement. If it is enforceable, it is up to you to assert your rights under it in the divorce proceeding. The money your husband is currently making is community income, and you may be able to get a court order for temporary support, including attorney fees, in order to make sure you and your child are properly looked out for in the proceeding.