Legal Question in Family Law in Texas

401k plan

am i entitled to my half of the 401k up until the time i moved out or till the time he filed for a divorce or until the time the divorce is final


Asked on 4/03/07, 10:22 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: 401k plan

The community property presumption applies until the marriage ends which occurs when the court signs the final decree. Hence it is presumed that the money that goes into your 401K while you are married and any income from it is community property.

See an attorney about the details of Texas community property law as they apply to your situation.

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Answered on 4/03/07, 11:31 am


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