Abandonment and divorce

[TaylorsGirl1980]

What is the name of your state (only U.S. law)? TX

Hello, My name is Bonnie.
I'm posting to ask, see, my husband of 13 years abandoned me 2 years ago. He went to visit his adult children and never returned.
I had hoped we could reconcile so I did not file for divorce. I am disabled and I live soley on disability payments as well as health insurance I get from my husbands army benefits. He is retired from the national guard after 20 years of service.
He is now in Georgia and I am in Texas. He did not contact me at all until a few days ago when he called and told me he was going to file for divorce. Because I'm on disability I cannot afford a lawyer.
I wonder if I need to file something...or if he files for divorce will I be able to ask for alamony and explain that this was a result of his abandonment and adultery?

please advise!
thank you so much.

Bonnie.

 

[TinkerBelleLuvr]

You need to ask for your portion of his retirement benefits.

 

[mistoffolees]

You will certainly be entitled to a portion of his retirement benefits. It will be prorated by the number of years you were married during his service divided by the total years of his service. (Similarly, he will be entitled to some of the marital portion of any retirement funds you might have). However, this will not be automatic. As TinkerBelleLuvr said, you ask for it during the divorce proceedings.

In addition, you may be entitled to some alimony since you were married 13 years. It will depend on his income now that he's retired, your income from all sources, and whether you're capable of working and in what capacity (among other factors). See:
Alimony

In my opinion, it is almost never a good idea to go through a divorce without representation. While you may not have the money now, you risk losing tens or hundreds of thousands of dollars if you fail to do it properly. See if you're eligible for legal aid or if an attorney will take your case pro bono. Or some attorneys will work out a payment plan.