Legal Question in Family Law in Texas

Re: 401k

I assume that you are talking about a divorce and not what you would get upon his death.

Retirement accounts (with a few exceptions) that were earned during a marriage are community property. They are as divisable upon a divorce as is a house, a ranch, a bank account, or a car.

The percentage of assets that you would receive in a divorce is a percentage of the entire community estate. you might get half of the estate, but none of the house and all of the other property. Regardless, ALL of the retirement account that was earned during the marriage goes into the pot, just like everything else.

If the account was earned partially during the marriage and partially before, then there are formulas to calculate how much is community. Make sure that you have an attorney that understands them or you might not have the proper amount calculated.

If you don't have an attorney, get one, preferably before the divorce is filed so that you can protect your property.

Based only on what you have said, you could be entitled to a disproportionate share of the community property.

Good luck.