There are two different issues here:1) Legally, since these messages are relevant to your divorce case (e.g. to establish marital fault), he can subpoena them: in a court case, a subpoena can be used to get information or documentation (e.g. text messages) from third parties (e.g. the carrier) so long as they are relevant.2) Technically, whether or not they can be retrieved at his point is a question for your phone carrier, not a lawyer. I will note that since my phone still has text messages from over a year ago, I assume that they do not expire as quickly as you apparently believe.Bear in mind that if you delete any messages now that you know they are relevant and your husband wants them, that is "spoilation" (or destruction) of evidence and that can be used against you in the divorce case--e.g. the court would be legally entitled to assume you deleted them because they are bad for you and show what your husband claims they will show.