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