Giddings, TX Divorce Law Firms & Lawyers

It doesn't matter what you agree to. It matters what the court order says. If he is behind in child support, then you don't have to sign the waiver because the IRS rules are clear - a parent has to be current at the end of the year to be able to take the exemption.

Unless you paid cash for the house and haven't made any payments, improvements, etc. since you got married, at least part of the house has been paid for with community funds, so at least part of its value is community property. She may not get half, but the judge will have the legal authority to give her something if there's any equity there. You need a lawyer to help you sort it out. Good luck.

Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.