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Texas Law - Disability Benefits Disability benefits may be considered community property. Cases: Rucker (1991) 810 SW2d 793 (In the divorce, the wife had been awarded a portion of each of the husband's "retirement and/or pension" payments, to be paid when the husband retired. The husband, a police officer, was injured six years after the divorce. He received disability retirement benefits as a result of his injury. The pension statute that provided the disability benefits declared that a disabled officer was "retired." The court concluded on this basis that the husband's benefits were like retirement benefits, and thus fell under the divorce order. They were not like workers' compensation benefits. Workers' compensation benefits are replacement for lost wages and would not, in this case, have fallen under the order.)
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