Legal Question in Family Law in Texas

Divorce, married for 2 years

I have no lawyer No children or real property. My 401 amounted 3100$ I placed + 1750 my company matched Im not vested and have another 3 yrs until I am She left and got a lawyer. I removed my 3100$ and used the post tax check of 2012$ for mostly dental, bills and clothing and the rest on a trip to new orleans planned for months no checking or savings the debts include apartment bill 1155$, tax due 1050$, phone bill 270$(long distance to her lover), over due movie bills 140$. I'm wanting to know: can she get 401K I'm not vested in? 401K that has been spent? all lawyer bills paid by me? In negotiations says she will not pay any debts including the lawyer and wants half of all 401K account asset total prior to seperation. What will the courts grant if it is contested? Will they split all debts and assets evenly? does that include 401K I have spent? or 401K I'm not vested in? I hope you have some news that can ease my mind, Thanks.


Asked on 5/14/98, 5:50 pm

1 Answer from Attorneys
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

dividing debts in a divorce

There is a formula which applies to division of retirement. It appears that you have several debts and few assets. Still, it would behoove you to retain a lawyer in this matter. Explain the matter of the 401 k to the lawyer. Good Luck

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Answered on 6/11/98, 5:01 pm


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